Andhra Pradesh High Court - Amravati
Between vs Palavalasa Surya Prakasa Rao And on 27 August, 2024
APHC010350172024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY SEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No. 5961/2024
Between:
Jupudy Suresh Babu ...PETITIONER/ACCUSED
AND
Palavalasa Surya Prakasa Rao and ...RESPONDENT/COMPLAINANT(S)
Others
Counsel for the Petitioner/accused:
1. BOLLA VENKATA RAMA RAO
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2.
The Court made the following:
ORDER:
The instant Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short 'the Code') has been filed, by the
Petitioner/Accused, seeking to quash the Order dated 19.07.2024
passed in Crl.M.P.No.1331 of 2024 in CC No.173 of 2017 on the file of
the Court of III Additional Judicial First Class Magistrate,
Rajamahendravaram, East Godavari District, against him.
2. The brief facts of the case are that:
i) Complainant who is respondent No.1 herein filed the above CC
No.173 of 2017 against the Petitioner/Accused for the offence
punishable under Section 138 of the Negotiable Instruments Act (for
short 'the N.I.Act'). When the matter came up for hearing arguments,
Petitioner/Accused could not submit arguments since his mother died
and filed Crl.M.P.No.1331 of 2024 under Section 311 of the Code to
reopen the mater for the purpose of submitting arguments. Learned
Magistrate, vide Order dated 12.07.2024 allowed the said Crl.M.P.
imposing costs of Rs.1000/- on the Petitioner/Accused and directed
him to submit arguments on the next date of adjournment. When the
matter came up for hearing, on 19.07.2024 the learned Magistrate
passed the following impugned order:
"Both called present. Costs not paid. Defence arguments not
submitted even after allowing the Crl.M.P. on direction. Hence,
defence arguments treated as heard and posted for judgment call
on 01.08.2024".
Aggrieved by the same, the present Criminal Petition has been
filed by the Petitioner/Accused.
Heard Sri B.V.Rama Rao, learned counsel for the Petitioner.
Learned Assistant Public Prosecutor appearing for respondent
no.2/State is in attendance.
Learned counsel for the Petitioner would submit that the
impugned Order has been passed by the Learned Magistrate on
12.07.2024 allowing Crl.M.P.No.1331 of 2024 with a condition to
deposit costs of Rs.1000/- by the Petitioner/Accused and submit
arguments on the next date of hearing. The Order was not uploaded
and not even mentioned in the Diary. On 19.07.2024 the matter was
listed and since the petitioner could not pay costs of Rs.1,000/-
imposed on him, Learned Magistrate dismissed the Petition and
posted the matter to 01.08.2024 for Judgment. On 01.08.2024 the
matter was adjourned to 16.08.2024 for Judgment since the bundle
was not placed before the Learned Magistrate. Learned counsel further
would submit that from 16.08.2024, the matter was posted for
Judgment on 28.08.2024. Learned Magistrate having given finding in
the above Crl.M.P. that opportunity should be given to the Petitioner to
submit their arguments, dismissed the Petition for non-payment of
costs on 19.07.2024. The Petitioner has complied with the condition
subsequently and filed a Memo to that effect. Learned counsel further
would submit that opportunity should be given to the Petitioner to
submit arguments.
Learned Assistant Public Prosecutor submits that appropriate
orders may be passed.
Having heard the submissions and considering the material on
record, to meet the ends of justice, Petitioner/Accused is directed to
appear before the Trial Court and submit arguments in CC No.173 of
2017 on 28.08.2024. Learned Magistrate shall take up the matter on
28.08.2024 immediately after completion of call work and shall proceed
with the case and pronounce the Judgment on 28.08.2024 itself after
considering the arguments advanced. It is made clear that in case,
Petitioner/Accused failed to appear and submit arguments on
28.08.2024, Learned Magistrate can proceed with the matter for
pronouncement of Judgment on 28.08.2024 itself.
Learned Registrar (Judicial) is directed to communicate copy of
the Order forthwith through e-mail/fax to the concerned Court and
authorities.
With the above direction, the Criminal Petition is disposed of.
Miscellaneous Petitions pending, if any, shall stand closed.
__________________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
27.08.2024
Mjl/*
CC by today
HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No. 5961 OF 2024
27.08.2024
Mjl/*
