Balimi Chandra Shekar vs State Of Andhra Pradesh And Others

Dr Venkata Jyothirmai Pratapa, J

The present criminal appeal has been filed by the Appellant / complainant seeking to set aside the acquittal order dated 11.03.2025 passed in C.C.No.1262 of 2017 on the file of learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Vizianagaram.

Heard Ms.Y.Malathi, learned counsel, representing Sri P.Gopala Krishna, learned counsel for the appellant and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

This appeal is preferred impugning the order passed in C.C.No.1262 of 2017, dated 11.03.2025 on the file of learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Vizianagaram, wherein the complaint which was filed by the appellant herein for the offence punishable under Section 138 of the Negotiable Instruments Act against the accused, was dismissed for default.

Learned counsel for the appellant would submit that the complainant could not pay the continuation batta despite the conditional order passed. Learned counsel finally submits that one more opportunity may be given to the appellant to pursue his case. As the accused did not make appearance before the trial Court, the notice to the respondent / accused is dispensed with.

Considering the submissions made, as the complaint was dismissed for non-prosecution for non-payment of continuation batta for execution of non-bailable warrant against the accused, in the interest of justice, to give a fair opportunity to the appellant / complainant, this Court is inclined to allow the Criminal Appeal.

In the result, the Criminal Appeal is allowed. The impugned order dated 11.03.2025 passed in C.C.No.1262 of 2017 on the file of learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Vizianagaram, is hereby set aside. The matter is remanded to the trial Court for fresh disposal according to law. The complainant is directed to take all necessary steps for appointment of Advocate – commissioner for execution of non-bailable warrant. In case, the appellant / complainant fails to pursue the matter, the learned trial Judge may dispose of the case without further adjournments. Learned counsel for the appellant is requested to inform his client to appear before the trial Court on the next date without fail i.e. on 27.06.2025 to pursue the matter.

Office is directed to communicate the order forthwith.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.