THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.1204 of 2011 BETWEEEN: M/s. Apple Credit Corporation Ltd. … Appellant AND 1. M/s. Ratan Exports and Industries Ltd. & 7 others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.1204 of 2011 JUDGMENT: The lower Court by the impugned order dated 16.06.2006 dismissed CC.No.810 of 2000 filed by the complainant/appellant against A1 to A7 alleging offence punishable under Section 138 of the Negotiable Instruments Act. The complainant questions the same in this appeal. Leave is granted in respect of A1, A2 and A4 only. As per the order passed today in Crl.A.M.P.No.1406 of 2006, leave was refused in respect of other respondents/accused. 2. On 16.06.2006, when the impugned order was passed by the lower Court, the complainant was absent. Though a petition was filed to condone his absence, it was dismissed by the lower Court. The lower Court dismissed the complaint under Section 256 Cr.P.C. on the ground that no process fee is paid under Rule 235 of Criminal Rules of practice and no publication is filed under Section 82 Cr.P.C. since 21.07.2004. It appears to be a chronic old case pending in the lower Court. CC.No.810 of 2000 was taken cognizance in the year 2000. A3 and A7 were appearing in the lower Court. Non- bailable warrants were ordered as against A1, A2 and A4 to A6. It appears that since 21.07.2004, no further steps have been taken by the complainant. The complainant was also not turning up to the Court on some pretext or the other and was not assisting the Court to see that non-bailable warrants were executed. No process fee/batta was filed. No steps are taken for publication of proclamation under Section 82 Cr.P.C. since about two years. In these circumstances, the lower Court had no other go, except to dismiss the complaint by resorting to Section 256 Cr.P.C. In the circumstances, I do not find any reasons either to admit the appeal or to allow the same, insofar as A1, A2 and A4 are concerned. 3. Accordingly, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 13.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL(SR) No.15526 of 2006 DATED: 13.06.2011 ysk