THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No. 1594 of 2010 JUDGMENT: This appeal is directed against the order, dated 17.07.2009, made in C.C.No.215 of 2006, whereby the learned Chief Metropolitan Magistrate, Visakapatnam, stopped the proceedings in said CC on the ground that the complainant was absent and no representation was made on his behalf. 2 Brief facts of the case are that respondent No.2 herein issued a cheque in favour of the complainant for certain amount. On presentation of the said cheque by the complainant before the Bank, it was bounced and after following the statutory procedure laid down under sections 138 and 142 of the Negotiable Instruments Act, 1881, the complainant filed the complaint and as stated supra, the proceedings in the said complaint were stopped by the court below. The order impugned reads as follows: “ Complainant absent, and there is no representation. Complainant is not ready for enquiry inspite of so many opportunities granted. Hence, the proceedings in this case are stopped under Section 258 of Cr.P.C. and the accused is acquitted for the offence under Section 138 of N.I. Act.” 3 Since the notices that have been sent to the second respondent were returned unserved, this Court permitted the learned counsel for the appellant to take out substituted service by publishing the notice in Eenadu Telugu Daily Newspaper of Visakhapatnam Edition and file proof of service. Despite the same, the second respondent has not put in appearance. 4 Now the appellant filed the appeal stating various reasons due to which he was not present before the Court below on that particular date. The said contentions put forth by the appellant appear to be true and genuine and hence they are accepted. 5 Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and CC No. 215 of 2006 on the file of the Chief Metropolitan Magistrate, Visakapatnam, is restored to its file. _____________________________ GOPALA KRISHNA TAMADA,J Date.06.12.2010 lvl THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL (Sr) No.9474 of 2010 Date.06.12.2010