THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1503 of 2010 JUDGMENT: This appeal is directed against the order, dated 09.03.2010, made in C.C.No.431 of 2009, whereby the learned XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad, dismissed the complaint filed by the complainant on the ground that he was absent and no representation was made on his behalf. 2 Brief facts are that respondent No.2 herein issued a cheque for certain amount. On presentation of the said cheque it was bounced and after following the statutory procedure laid down under Sections 138 and 142 of the Negotiable Instruments Act, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “Even during the call work and also at the time of trial work complainant called absent. No representation. But, accused called present. In the circumstances, this C.C. is dismissed u/s.256(1) Cr.P.C. and the accused is acquitted. 3 Though the second respondent was served with notice, he has not put in his appearance. 4 Now the appellant filed an affidavit stating the various circumstances under which he was not present before the Court below on that particular date. The said contentions put forth by the appellant in the affidavit 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.431 of 2009 on the file of the XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.30.11.2010. sj