THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1520 of 2009 JUDGMENT: 1. This Criminal Appeal is directed against judgment dated 11.06.2008 in C.C. No.30 of 2007 on the file of the III Additional Judicial Magistrate of First Class, Rajahmundry, whereunder and whereby the learned Magistrate dismissed the case as the appellant/ complainant was absent and there was no representation on his behalf. 2. The learned counsel for the appellant/complainant submitted that the complainant was present on all the previous adjournments and the absence of the appellant on that day was not wanton or intentional, and hence, he prays to give one more opportunity to the complainant and restore the complaint to file. 3. On the other hand, the learned counsel for the first respondent/ accused opposed the same and contended that the as the complainant was absent and there was no representation, the trial court rightly dismissed the complaint, and there are no grounds to interfere with the same. 4. The complaint is filed for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. No doubt, the complainant was not present before the trial court on the said day. Having regard to the circumstances submitted by the learned counsel for the appellant, absence of the complainant is not shown to be wilful or wanton on that day. Sufficient cause has been shown for his absence on 11.6.2008. Though the learned Magistrate had shown indulgence, one more opportunity can be given to the complainant to prosecute his case. 4. The Criminal Appeal is, accordingly, allowed, setting aside the judgment dated 11.06.2008 in C.C. No.30 of 2007 on the file of the III Additional Judicial Magistrate of First Class, Rajahmundry, and the C.C. is restored to file. ------------------- 18.1.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1520 of 2009 Date: 18.1.2010 Between: Sk. Ghouse Pasha …Appellant And K.V.S. Suresh & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1520 of 2009 18.1.2010