THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1512 of 2010 JUDGMENT: This appeal is directed against the order, dated 29.12.2009, made in C.C.No.232 of 2008, whereby the learned I Additional Judicial Magistrate of First Class, Tenali, dismissed the complaint filed by the complainant on the ground that she was absent and no representation was made on her behalf. 2 Brief facts are that respondent No.2 herein issued a cheque for certain amount. On presentation of the said cheque it was bounced and after following the statutory procedure laid down under sections 138 and 142 of the Negotiable Instruments Act, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “Accused is present. Complainant is called absent. No representation. The matter is coming up with a caption ‘dismissal’. As the complainant has not been turning up to proceed with trial, the Court has precluded from proceeding further. In the circumstances, the complaint is dismissed and accused is acquitted under Section 256 Cr.P.C. 3 Since the notices that have been sent to the second respondent were returned unserved, this Court permitted the learned counsel for the appellant to take out substitute service by publishing the notice in Visalandra Daily Telugu Newspaper of Guntur Edition and file proof. Despite the same the second respondent has not put in appearance. 4 Now the appellant filed an affidavit stating the various circumstances under which she was not present before the Court below on the particular date. The said contentions put forth by the appellant in the affidavit appear to be true and genuine and hence they are accepted. 5 Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and CC No. 232 of 2008 on the file of the I Additional Judicial Magistrate of First Class, Tenali, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.22.11.2010. sj