THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1593 of 2010 JUDGMENT: This appeal is directed against the order, dated 23.06.2010, made in C.C.No.138 of 2009, whereby the learned Special Judicial Magistrate of First Class for Trial of Cases under Prohibition and Excise Offences, Nellore, dismissed the complaint filed by the complainant on the ground that he was absent and no representation was made on his behalf. 2 Brief facts are that respondent No.1 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 absent. Petition filed and allowed. Complainant called absent. No representation. Court is await up to 5.00 PM and call at 5.00 PM. Complainant called absent. No representation. Hence, complaint is dismissed and accused is acquitted. 3. Though the first respondent was served with notice, he has not put in his appearance. 4. Now the appellant filed an affidavit stating the various circumstances under which he was not present before the Court below on that 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.139 of 2009 on the file of the Special Judicial Magistrate of First Class for Trial of Cases under Prohibition and Excise Offences, Nellore, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.29.11.2010. sj