THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1188 OF 2010 JUDGMENT: 1 This appeal is directed against the order dated 03.12.2009 in C.C.No.206 of 2007 on the file of the court of the II Additional Judicial Magistrate of I Class, Rajahmundry whereby the learned Magistrate dismissed the complaint on the ground that the Petitioner herein who is the complainant therein was absent. 2 Though notices have been served on the respondent, he has not chosen to put in his appearance. 3 Heard the counsel for the appellant. 4 When the complainant is absent, normally the procedure to be followed is to dismiss the complaint. But before dismissing the complaint, the court has to see whether the presence of the complainant is really required or not and if the presence of the complainant is not necessary, the court can as well adjourn the matter. From the impugned order it is not clear at what stage the case is. Now that the Petitioner has come forward stating that his absence on the particular day was neither deliberate nor willful and prays this court to give him an opportunity so that he can prosecute the case, this court is of the view that the present appeal can be allowed. 5 Accordingly this appeal is allowed and the order dated 03.12.2009 in C.C.No.206 of 2007 on the file of the court of the II Additional Judicial Magistrate of I Class, Rajahmundry is hereby set aside and the matter is restored to its file for being disposal in accordance with law. --------------- 06.10.2010 Kvsn