Andhra Pradesh High Court - Amravati
Dande Srinivasarao vs The State Of Andhra Pradesh on 26 September, 2024
APHC010402622024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3365]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTY SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL REVISION CASE NO: 910/2024
Between:
Dande Srinivasarao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. VENKATESWARLU SANISETTY
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
The Court made the following:
2
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL REVISION CASE NO: 910/2024
ORDER:
This Criminal Revision Case is filed against the order dated
30.06.2024 passed in Crl.M.P.No.339 of 2024 in Criminal Appeal No.22
of 2021 by the learned XIII Additional District & Sessions Judge,
Narasaraopet.
2. Heard the learned counsel for petitioner and learned Assistant
Public Prosecutor for respondent/State.
3. Perused the record.
4. At the time of admission, considering the submissions of Sri
Venkateswarlu Sanisetty, learned counsel for the petitioner and Sri
K.Sandeep, Assistant Public Prosecutor for respondent No.1/State.
5. Impugning the conviction for an offence under Section 138 of
Negotiable Instruments Act by the trial Court, the petitioner referred
Criminal Appeal No.22 of 2021, which has been pending before the
learned XIII Additional District & Sessions Judge, Narasaraopet. While
the appeal was under due hearing, the matter was listed for the
pronouncement of Judgment, but the appellant was not physically
present on that day. The learned Judge stated that the pronouncement
of Judgment was postponed and issued a non-bailable warrant.
Subsequently, the appellant moved Crl.M.P.No.339 of 2024 seeking to
recall the non-bailable warrant issued by the Court on 30.07.2024. The
learned Appellant Court dismissed the petition, essentially on the
premise that the appellant was not physically present to make the prayer
under Section 70(2) of Cr.P.C. The learned counsel for the petitioner
submits that the matter before the Appellate Court is posted to
30.09.2024, and the petitioner will appear before that Court, praying for
necessary orders from this Court.
6. This Court has considered the fact that the petitioner is aged
about 71 years and is suffering from certain ailments.
7. In these circumstances, without going into the merits of the
matter, the present revision is disposed of and consequently, the
impugned order dated 30.06.2024 passed in Crl.M.P.No.339 of 2024 in
Criminal Appeal No.22 of 2021 by the learned XIII Additional District &
Sessions Judge, Narasaraopet, stands set aside. It is further directed
that the Crl.M.P.No.339 of 2024 stands restored, and the learned
Appellate Court shall duly consider the said application, as the petitioner
will appear along with his learned counsel, and thereafter dispose of the
said application.
8. Accordingly, the revision is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
________________________
Dr. V R K KRUPA SAGAR, J
Dated:26.09.2024
SDP
THE HON'BLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL REVISION CASE No.910 of 2024
Dated: 26.09.2024
SDP
