M/s. Apex Exports vs Kopparthi Venkata Surya Bhaskara Rao & Anr.

The Court perused the record, which reveals that notice has not been served on the Accused. The Appellant has, from time to time, sought ad-journments to effect service of notice on the Accused. On 31.07.2026, the learned counsel for the Appellant sought time as a last opportunity to effect service of notice on the Accused. However, the Appellant failed to take neces-sary steps to issue notice to the Accused. Even on 20.08.2026 also, the Court observed that notice had not been served. Despite the case is listed under the caption “For Orders”, none appeared for the Appellant.

The settled law is that the Criminal Appeals shall be disposed on merits (see Hon’ble Full Bench Judgment of Hon’ble Supreme Court of India in Bani Singh and others vs State of U.P.^{11.(1996) 4 SCC 720}, (1996)4 SCC 720), but when the Appellant could not service on the Accused for all these years. In the absence of service of notice on the Accused, this Court cannot proceed to hear the matter and dispose on merits without affording an opportunity to the Accused.

Thus, it appears that the Appellant is not interested in prosecuting the appeal.

In view of the above circumstances, this Court is constrained to exercise its inherent jurisdiction and dismiss the appeal for non-prosecution.

Accordingly, the Criminal Appeal is dismissed for non-prosecution.

As a sequel, the miscellaneous applications, if any, pending in this appeal shall stand closed.