IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1218 OF 2009 Between: Sri Krishna Jewellery Mart ..... Appellant AND 1. The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. 2. KARAT 24 ..... Respondents The Court made the following: JUDGMENT: The Criminal Appeal, under Section 378 (4) of the Code of Criminal Procedure, 1973, filed by the Appellant herein, is directed against the order, dated 16.07.2009, in C.C. (SR).No.656 of 2009, on the file of the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad. 2. As the appellant/complainant was absent and no representation was made on his behalf, the C.C.(SR) was dismissed on 16.07.2009. The reason for the absence of the appellant/complainant on that day was that he could not attend the Court due to viral fever. The sworn statement of the appellant/complainant was not recorded. Therefore, the trial Court ought to have given an opportunity to the appellant/complainant to give a sworn statement and also produce the witnesses, if any, for the purpose of deciding the case. As proper explanation was given for the absence of the appellant/complainant, it can be said that the absence of the appellant/complainant is not shown to be intentional or willful. Therefore, the impugned order is set aside and the trial Court is directed to proceed with the case in accordance with law. In view of the fact that the second respondent/accused has not made any appearance, there is no need to send the notice in this Criminal Appeal because before issuing of summons, the complaint was dismissed for the absence of the appellant/complainant. 3. Accordingly, the Criminal Appeal is allowed. ______________ (K.C. BHANU, J) Date: 14th October, 2009 KL