Tummala Sri Venkatarao vs The State Of Andhra Pradesh
2023 Latest Caselaw 1375 AP

               THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI


                 Criminal Revision Case No.71 of 2023
ORDER:

This Criminal revision case under Sections 397 & 401 CrPC is

preferred against the order, dated 03.01.2023, dismissing Criminal

Appeal No.528 of 2017 on the file of the Court of the Judge, Family

Court-cum-IX Additional District Judge, East Godavari at

Rajamahendravaram.

2. Heard learned counsel for the petitioners and the learned

Assistant Public Prosecutor appearing for the 1st respondent-State.

3. The revision petitioners are the appellants in Criminal Appeal

No.528 of 2017. They filed the appeal having been aggrieved by the

judgment of conviction imposed against the petitioners in C.C.No.49

of 2016 on the file of the Court of Additional Judicial First Class

Magistrate, Ramachandrapuram. When the appeal came up for

hearing, the Court below dismissed the appeal observing as follows:

"Appellant No.1 present. No.2 absent. Petition filed and allowed. No representation on respondent side, no steps taken. Hence appeal is dismissed as no compliance of docket order dt.01.12.2022."

BSB, J Crl.R.C.No.71 of 2023

4. The revision petitioners contended that without any mistake on

their part, the appeal was dismissed and that there is no obligation for

the petitioners to take steps to bring the legal representatives of the

deceased respondent/complainant on record. However, learned

counsel for the revision petitioners submitted to remand the matter

for fresh disposal of the appeal after taking steps to bring the legal

representatives of the deceased respondent on record.

5. The deceased respondent filed petition under Section 138 of the

Negotiable Instruments Act in C.C.No.49 of 2016 which ultimately

ended in conviction of the appellants. Having been aggrieved by the

conviction, they preferred the appeal.

6. Pending appeal, the respondent/complainant died, as per the

observations noted on the docket order of the appellate Court. As the

appellants failed to bring the legal representatives of the deceased

respondent on record, the appeal was dismissed.

7. Learned counsel for the petitioners submitted that the

appellants are not aware of the death as the same was not intimated

by the learned counsel for the respondent/complainant and could not

bring the legal representatives of the deceased respondent on record.

However, they are now obliged to take appropriate steps.

BSB, J Crl.R.C.No.71 of 2023

8. In view thereof, the matter can be remanded for fresh

consideration giving them opportunity to take steps. But the

petitioners have to take steps in short while without any further

delay.

9. Accordingly, the Criminal Revision Case is allowed setting aside

the order, dated 03.01.2023, passed in Criminal Appeal No.528 of 2017

of the Judge, Family Court-cum-IX Additional District Judge, East

Godavari at Rajamahendravaram, and the matter is remanded to the

appellate Court with a direction to provide opportunity to the

appellants to take steps as per law, and thereafter, hear the

appellants and dispose of the appeal on merits.

The appellants are directed to cooperate with the appellate

Court for early disposal of the appeal and shall take steps without any

further delay, preferably, within a period of two months from the

date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed.

________________ B.S.BHANUMATHI, J 10.03.2023 RAR