IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL APPEAL NO : 1415 of 2001 Criminal Appeal under Section _______ against the Judgement dated 27/06/2001 in CC NO : 451 of 1998 on the file of the Court of the I Additional Judicial Magistrate of First Class, Khammam Between: A.Y.R. Sampath Kumar, S/o. Subrahmanyam, Distributors for Pesticides & General Marchants, Sri Srinivasa Trading Corporation, 2-5-52, P. S. R. Road, Khammam. ..... APPELLANT (Accused) AND 1 Joguparthi Venkateswarlu, S/o. Ramaiah, Tallacheruvu vill, Tirumalayapalem mandal, Khammam dist. 2 State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad. ....RESPONDENTS Counsel for the Appellant :MR.C.PRAVEEN KUMAR Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL APPEAL No.1415 OF 2001 JUDGMENT: The appeal under Section 378(4) of Code of Criminal Procedure is directed against the Judgment dated 27.06.2001 in C.C.No.451 of 1998 on the file of I Additional Judicial Magistrate of I Class, Khammam, whereunder and whereby the first respondent, who is accused, was found not guilty of the offence punishable under Section 138 of Negotiable Instruments Act, 1881. This Court by order dated 20.04.2009 observed as follows: “….. Notices and reminders sent to the first respondent were returned un-served. Memo was issued to the learned counsel for the appellant on 27.11.2001 and 15.04.2008 to furnish the correct address of the said respondent, which was not yet furnished, and hence, the learned counsel for the appellant was directed to take out personal notice to first respondent and file proof of service within a period of four weeks from 20.04.2009, failing which, the appeal shall stand dismissed.” Since the said direction has not been complied with by the appellant, the order has to be given effect. Further, in the absence of the accused the appeal cannot be decided and determined. Accordingly, the appeal is dismissed for non prosecution. _______________ K.C. BHANU, J 02.09.2009 MD