Disposed¶57

V. Kasi Viswanath v. the State of Andhra Pradesh

Andhra Pradesh HC1 Jul 2025CRLRC/621/2025

Case brief

AI extract

What is this about?

Andhra Pradesh HC criminal revision: dismissal of Section 317 Cr.P.C. condonation petition in Section 138 NI Act appeal (Crl.A. No. 44 of 2023, Tirupati); NBW issued after dismissal; revision disposed with directions — accused to appear within two weeks and seek recall of NBW; court below to consider application same day with terms and conditions; earlier unfulfilled conditional order under Section 389(1) Cr.P.C. (Crl.M.P. 127/2024, 05.10.2024); miscellaneous petitions closed.

What did the court decide?

Directions to the petitioner to appear before the court concerned within two weeks of receipt of the order and apply for recalling of the NBW, the court below to consider that application with certain terms and conditions on the same day; miscellaneous petitions, if any, pending, to stand closed. ¶57

V. Kasi Viswanath Vs the State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

¶57

Issue for consideration

Whether, the appellate court having dismissed the petitioner's Section 317 Cr.P.C. petition for condonation of his absence in Crl.A.No.44 of 2023 and an NBW having been issued against him, relief could be given enabling the petitioner/accused to proceed with his pending criminal appeal.

¶53

Court's answer

The petitioner was directed to appear before the court concerned within a period of two (02) weeks from the date of receipt of the order and to make an application for recalling of the N.B.W.

¶54

Ratio / Principle

On such application for recalling of the N.B.W., the court below was directed to consider the application with certain terms and conditions, on the same day.

¶54

Detailed headnote1 paragraphs

K. Sreenivasa Reddy, J. — CRLRC No. 621 of 2025 (High Court of Andhra Pradesh at Amaravati), decided 02.07.2025. The revision challenged the order dated 28.04.2025 of the V Additional District and Sessions Judge, Tirupati, dismissing Crl.M.P.No.90 of 2025 under Section 317 Cr.P.C. — filed in Crl.A.No.44 of 2023, the accused's appeal against his conviction under Section 138 of the Negotiable Instruments Act, 1881 after remand — and the consequent NBW. Noting an earlier conditional order dated 05.10.2024 in Crl.M.P.No.127 of 2024 under Section 389(1) Cr.P.C. which the accused had failed to honour, but finding him ready to proceed, the Court disposed of the revision, directing the petitioner to appear before the court concerned within two weeks and apply for recalling of the NBW, which the court below was to consider, with certain terms and conditions, on the same day; pending miscellaneous petitions were directed to stand closed.

¶1

^ APHC010259842025

¶2

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶4

WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

¶7

CRIMINAL REVISION CASE NO: 621 OF 2025

¶8

Revision filed under Section 397 & 401 of Cr.P.C. & 438 & 442 of BNSS., against the order dated: 28.04.2025 passed in CrI.M.P. No. 90 of 2025 in CrI.A. No. 44 of 2023 on the file of V Additional District and Sessions Judge at Tirupati, Chittoor District.

¶9

Between;

¶10

V. Kasi Viswanath, S/o. V. Harinath, Aged about 37 years, Occ: Employee, Door No: 19/4-3/2, Venkatareddy Colony, STV Nagar, Tirupati, Chittoor District.

¶11

...Petitioher/Petitioner/Appellant/Appellant/Accused AND

¶12

The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

¶13

M Karunakar Reddy, S/o. P. Prabhakar Reddy, Aged about 39 years, Occ: Employee, R/o. Door No 19/4-3G1, Venkatareddy Colony, STV Nagar, Tirupati, Chittoor District.

¶14

...Respondents/Respondents/Respondents/Respondents/Complainant

¶15

lA NO: 1 OF 2025

¶16

Petition under Section 482 of Cr.P.C. and 528 of BNSS. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense of appearance of the petitioner/appellant in CrI. A. No. 44 of 2023 on the file of the V Additional District and Sessions Judge at Tirupati.

¶17

Counsel for the Petitioner: Sri Chamarthy Leela Srinnivasa Varma Counsel for the Respondent No.1: Public Prosecutor

¶18

Counsel for the Respondent No.2: None Appeared

¶19

The Court made the following order:

¶20

¶21

APHC010259842025

¶22

IN THE HIGH COURT OF ANDHRA PRADESH

¶23

AT AMARAVATI

¶24

[3327]

¶25

(Special Original Jurisdiction)

¶26

WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶27

PRESENT

¶28

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

¶29

CRIMINAL REVISION CASE NO: 621/2025

Between:

V. Kasi Viswanath

...PETITIONER

AND

The State Of Andhra Pradesh and Others

¶35

...RESPONDENT(S)

¶36

Counsel for the Petitioner:

¶37

1.CHAMARTHY LEELA SRINNIVASA VARMA

¶38

Counsel for the Respondent(S):

¶39

1.PUBLIC PROSECUTOR

¶40

The Court made the following Order:

¶41

The Criminal Revision Case is filed aggrieved by the^order dated 28.04.2025 passed in Crl.M.P.No.90 of 2025 in Crl.A.No.44 of 2023 on the file of the V Additional District and Sessions Judge at Tirupati, Chittoor District.

¶42

■ ^^^1^

¶43

¶44

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.

¶45

Originally, the petitioner/accused was convicted and sentenced vide judgment dated 11.08.2017 in CC.No.114^of2015 on the file of the Special Judicial Magistrate of First^Class-cum-VI Additional Junior Civil Judge, Tirupati, of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Aggrieved thereby, he preferred Criminal Appeal No.^229of2017on the file of the X Additional District and Sessions Judge, Tirupati. By its Judgment dated 31.12.2019, the appellate court, allowed the appeal and set aside the said judgment and further^remittedthe matter to the trial court with a direction to decide the same, in accordance with legal principles contemplated under Sections 138, its proviso and 139, and 142 of the Negotiable Instruments^Act.

¶46

Pursuant to the remand, the trial court, vide judgment,^dated 23.02.2023 in the said C.C., found the petitioner/accused guilty and convicted and sentenced him of the offence punishable under Section 138 of N.I.Act. Aggrieved thereby, the accused preferred appeal vide Criminal Appeal No. 44 of 2023 before the^VAdditional District and Sessions Judge at Tirupati. Pending appeal, learned counsel for the appellant filed Crl.M.P.No.90 of 2025,^underSection

¶47

¶48

¶49

317 Cr.P.C., praying to condone the absence of the petitioner before the appellate court on 28.04.2025, as he could not secure leave. By its order, dated 28.04.2025, the appellate^{courtdismissed} the petition.

¶50

¶51

A perusal of the record goes to show that despite there being a conditional order, dated 05.10.2024 in Crl.M.P.No.127 of 2024 in the criminal appeal, filed under Section 389(1) Cr.P.C.,^theaccused failed to appear before the court below. Learned counsel^forthe petitioner/accused submits that the petitioner/accused is an employee and was unable to obtain leave from his office,^dueto which reason, he failed to appear before the court^{below.Hefurther} submits that the learned Magistrate issued NBW against the petitioner pursuant dismissal of petition under Section^317Cr.P.C.

¶52

¶53

However, irrespective of the plea taken by the petitioner herein, it appears that the petitioner is ready to proceed with the case and in that view, this Court deems it fit and appropriate to pass the following order:

¶54

1. That the petitioner shall appear before the court concerned within a period of two (02) weeks from the^date of receipt of the order and make an application for recallingof N.B.W. On such application, the court below is directed to consider the application with certain terms and conditions, on the same day.

¶55

¶56

With the above directions, the Criminal Revision Case is

¶57

disposed of.

¶58

Miscellaneous petitions, if any, pending, shall stand^closed.

¶59

Sd/- K TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The V Additional District and Sessions Judge: Tirupati Chittoor District. (records if any)

¶64

The X Additional Sessions Judge, Tirupati, Chittoor District.

¶65

The Special Magistrate-cum-VI Additional Civil Judge (Junior Division),Tirupati, Chittoor District.

¶66

The II Additional Civil Judge (Junior Division), Tirupati, Chittoor District.

¶67

One CC to Sri Chamarthy Leela Srinnivasa Varma Advocate [OPUC]

¶68

Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]

¶69

The Section Officer, Criminal Section, High Court of Andhra Pradesh.

¶70

Two CD Copies

SAM

vna

HIGH COURT

DATED:02/07/2025

ORDER CRLRC No. 621 of 2025

¶76

disposing of the CRLRC

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal by the appellate court of Crl.M.P.No.90 of 2025 (petition under Section 317 Cr.P.C. to condone the petitioner's absence before it on 28.04.2025), filed in Crl.A.No.44 of 2023.¶41
V Additional District and Sessions Judge at Tirupati, Chittoor District · 28.04.2025
Prior proceeding
The petitioner/accused was convicted and sentenced by judgment dated 11.08.2017 in CC.No.114 of 2015 on the file of the Special Judicial Magistrate of First Class-cum-VI Additional Junior Civil Judge, Tirupati, for an offence under Section 138 of the Negotiable Instruments Act, 1881.¶45
Prior proceeding
In Criminal Appeal No. 229 of 2017 before the X Additional District and Sessions Judge, Tirupati, the appellate court by judgment dated 31.12.2019 allowed the appeal and set aside the conviction judgment.¶45
Prior proceeding
The matter was remitted to the trial court with a direction to decide it in accordance with the legal principles contemplated under Sections 138 (with its proviso), 139 and 142 of the Negotiable Instruments Act.¶45
Prior proceeding
Pursuant to the remand, the trial court by judgment dated 23.02.2023 again found the petitioner/accused guilty and convicted and sentenced him under Section 138 of N.I.Act.¶46
Prior proceeding
The accused preferred Criminal Appeal No. 44 of 2023 before the V Additional District and Sessions Judge at Tirupati against the 23.02.2023 conviction.¶46
Prior proceeding
Pending the appeal, learned counsel for the appellant filed Crl.M.P.No.90 of 2025 under Section 317 Cr.P.C., praying to condone the petitioner's absence before the appellate court on 28.04.2025, as he could not secure leave.¶49
Prior proceeding
The learned Magistrate issued an NBW against the petitioner pursuant to the dismissal of the petition under Section 317 Cr.P.C.; the dismissal itself is the impugned order dated 28.04.2025.¶51
Prior proceeding
Despite a conditional order dated 05.10.2024 in Crl.M.P.No.127 of 2024 in the criminal appeal, filed under Section 389(1) Cr.P.C., the accused failed to appear before the court below.¶51
Prior proceeding
IA No. 1 of 2025 in the present revision: a petition under Section 482 Cr.P.C. and 528 BNSS sought dispensation of the petitioner's appearance in Crl.A. No. 44 of 2023 before the V Additional District and Sessions Judge at Tirupati.¶16

V. Kasi Viswanath v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

V. Kasi Viswanath v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mrs. Fatima Usman Chaudary alias Zoya, Vs The State of Andhra Pradesh

Sri Birudala Eswar Reddy Vs the State of Andhra Pradesh

Shaik Samiulla @ Shamivulla Vs the State of Andhra Pradesh

Jagannadham Vs The State ofA.P.

Gemmeli Chantibabu Vs the State of Andhra Pradesh

V. . Kasi Viswanath, Vs The State of Andhra Pradesh