THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1590 of 2010 JUDGMENT: This appeal is directed against the order, dated 25.07.2007, made in C.C.No.106 of 2005, whereby the learned Judicial Magistrate of First Class, Huzurabad, dismissed the complaint filed by the complainant on the ground that process was not filed. 2 Brief facts of the case are that respondent No.2 herein issued a cheque for certain amount. On presentation of the said cheque by the complainant before the Bank, it was bounced on the ground of insufficient funds and after following the statutory procedure laid down under sections 138 and 142 of the Negotiable Instruments Act 1881, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “ Process not filed. Hence this case is dismissed for default U/s. 204(4) of Cr.P.C.” 3 Despite service of notice on the second respondent, he has not put in appearance. 4 Heard the learned counsel for the appellant. 5 Now the appellant filed the appeal stating various reasons due to which the process could not be filed. The said contentions put forth by the appellant 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. 106 of 2005 on the file of the Judicial Magistrate of First Class, Huzurabad, is restored to its file. _____________________________ GOPALA KRISHNA TAMADA,J Date.06.12.2010. lvl THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL(Sr) No.13053 of 2010 Date.06.12.2010