THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 799 of 2009 JUDGMENT: 1. This Criminal Appeal, under Section 378 Cr.P.C., is directed against the Judgment dated 06.02.2009 in C.C. No.155 of 2006 on the file of the Additional Judicial Magistrate of First Class, Gudivada, whereunder and whereby the learned Magistrate dismissed the case for default under Section 256 Cr.P.C. on the ground that the complainant was absent and there was no representation on his behalf. 2. The learned counsel for the appellant submitted that, the complainant noted the date of hearing of the case wrongly as ‘06.03.2009’ instead of ’06.02.2009’, and so, the complainant or his counsel could not be present in the court on 06.02.2009, and hence, prayed to give one more opportunity. 3. The complaint is filed by the appellant/complainant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. In the circumstances submitted by the learned counsel for the appellant, absence of the complainant on the day when the complaint was dismissed for default, is not shown to be wanton or willful. Therefore, one more opportunity can be given to the complainant to prosecute the case. 4. The Criminal Appeal is, accordingly, allowed, setting aside the Judgment dated 06.02.2009 in C.C. No.155 of 2006 on the file of the Additional Judicial Magistrate of First Class, Gudivada, and the C.C. is restored to file. ------------------- 03.12.2009 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 799 of 2009 Date: 03.12.2009 Between: A.Manikyala Rao …Appellant And State of A.P. rep. by Public Prosecutor, High Court of A.P. & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 799 of 2009 03.12.2009