HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.1080 OF 2011 Date: 09-06-2011 Between: Karpurapu Nageswara Rao. --- Appellant. And The State of A. P., Rep. By its Public Prosecutor, High court of A.P., Hyderabad, and another. --- Respondents. This Court made the following : HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.1080 OF 2011 JUDGMENT: In spite of service of notice on the respondent/accused he did not choose to appear and contest before this Court. 2. The lower Court by the impugned order dated 20.10.2009, dismissed the private complaint filed by the complainant/appellant for non prosecution. C.C. No.16 of 2009 was taken on file by the lower Court in the year 2009 and within few months thereafter the case was dismissed for default. 3. It is noted in the impugned order that on the date of order the complainant was absent and there was no representation for the complainant. In the circumstances, the appellant’s counsel prays that another opportunity may be given to the complainant to pursue his case. It is stated that the dishonoured cheque is of the value of Rs.80,000/-. 4. In the circumstances, I am of the opinion that another opportunity may be given to the appellant/complainant to pursue his case in the lower Court on merits. 5. In the result, the Appeal is allowed setting aside the impugned order dated 20-10-2009, passed by the Principal Judicial Magistrate of First Class, Mangalagiri, and restoring C.C. No.16 of 2009 to its file and directing the lower Court to dispose of the case on merits after giving opportunity to both the parties. _____________________________ SAMUDRALA GOVINDARAJULU, J. Date: 09-06-2011. DSH