THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL NO.1059 OF 2009 JUDGMENT: 1 Complainants are the appellants herein and this appeal is directed against the docket order dated 09.03.2009 whereby the complaint filed by the complainants was dismissed under Section 256 Cr.P.C. on the ground that there was no representation on their behalf. 2 Brief facts are that the appellants filed a private complaint against the respondents 2 and 3 for the offences punishable under sections 417, 420 and 426 of IPC r/w 156(3) of Cr.P.C. The court below referred the same to the Police East P.S. Tirupathi for the purpose of investigation. Pursuant thereto the police registered a case in Cr.No.186 of 2008 and investigated into and after investigation the police filed a final report as provided under section 173 of Cr.P.C. stating that no offence is made out. When the appellants were informed about the said reference, they filed a protest petition. At that stage, as stated supra, the same was dismissed on the ground that the appellants were not present on 09.03.2009. Hence this appeal. 3 Heard. 4 Having considered the submissions made by the learned counsel for the appellants this court is of the view that the court below instead of dismissing the complaint ought to have given one more opportunity to the appellants. As seen from the order impugned in this appeal, it is not clear whether the personal attendance of the appellants on the particular day is necessary or not. 5 Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and the C.F.No.6922 of 2008 is restored to its file. --------------- 08.11.2010 Kvsn