THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1530 OF 2001. DATED: 05-10-2009. Between: Ambati Srinivasa Rao … Appellant and 1.Vijetha Cotton Mills rep. by its partner Hanumantha Rao and three others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO. 1530 OF 2001. JUDGMENT: This appeal is directed against the order of acquittal of the respondents 1 to 3-A1 to A3 of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, passed by the VII Additional Munsif Magistrate, Guntur , vide judgment, dated 01-08-2001, in C.C.No.262 of 2000. 2. This appeal was admitted on 17-10-2001. Notices sent to the respondents 1 to 3 were returned un-served with an endorsement ‘respondents are not residing at the given address’. A memo was issued to the counsel for the appellant to furnish correct addresses of the respondents, but the counsel did not furnish the correct addresses of the respondents. Hence, this Court by order, dated 20-04-2009 directed the learned counsel for the appellant to take out notice personally to the respondents 1 to 3 and file proof of service thereof within four weeks from that day, failing which the appeal stands dismissed. The said conditional order has not been complied with. Therefore, the order was given effect and consequently the appeal against the respondents 1 to 3 was dismissed. In the absence of the respondents 1 to 3, the appeal cannot be determined and decided. 3. Therefore, the Criminal Appeal is dismissed for non- prosecution. --------------------- K.C.BHANU, J DATED: 05-10-2009 Hsd