IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1690 OF 2009 Between: Bathima Naga Surya Srinivas ..... Appellant/Complainant AND 1. Bhagya Lakshmi ..... Respondent/Accused 2. The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents The Court made the following: JUDGMENT: The Criminal Appeal, under Section 378 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is directed against the judgment, dated 01.04.2009, in C.C.No.303 of 2006, on the file of the learned III Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari District, whereunder and whereby the complaint was dismissed for non-appearance of the appellant/complainant and thereby acquitting the first respondent/accused. 2. It is stated that in the grounds that the complainant filed affidavit in lieu of his chief examination and therefore, the matter was coming up for cross-examination. No doubt, there was no representation on behalf of the complainant on 01.04.2009, and though the trial Court waited till 3.00 p.m., the complainant nor his counsel turned up to the Court. Though there are some laches on the part of the complainant in prosecuting the case, at the same time, it is not shown that the absence of the complainant is willful or wanton. It appears that only on 01.04.2009, the complainant appears to have not present. Though the trial Court has shown indulgence, the complainant did not care to avail the same. However, one more opportunity can be given to the complainant to prosecute the case. Hence, the impugned order is set aside. 3. Accordingly, the Criminal Appeal is allowed by setting aside the judgment, dated 01.04.2009, in C.C.No.303 of 2006, on the file of the learned III Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari District. The trial Court is directed to fix a date and on that date, the complainant shall be present and adduce necessary evidence. _______________ (K.C. BHANU, J) Date: 4th December, 2009 KL