HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.527 of 2010 DATE:29.03.2010 Between: Odde Raji Reddy … Appellant And The P.D.P.L. Food Corporation of India Hamali Cooperative Limited, Peddapalli Town of Karimnagar District and others … Respondents HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.527 of 2010 JUDGMENT: This appeal is directed against the judgment, dated 08.10.2009, in C.C.No.399 of 2008, passed by the learned Additional Judicial Magistrate of First Class, Karimnagar. 2. The facts of the case, in brief, are that the appellant- complainant filed C.C.No.399 of 2008 on the file of the Additional Judicial Magistrate of First Class, Karimnagar, against respondents 1 to 3 herein, for the offences punishable under Sections 138 and 141 of the Negotiable Instruments Act. Subsequently, when the matter came up for the evidence of the appellant, as he failed to produce any witness, the court below dismissed the complaint, by judgment, dated 08.10.2008. Aggrieved thereby, the appellant filed this appeal. 3. Notices sent to respondents 1 to 3 were returned unserved with an endorsement “REFUSED”. 4. The learned counsel for the appellant has submitted that when the appellant could not produce evidence, the court below ought to have given an opportunity to the appellant and adjourned the case. He further submitted that on the date of adjournment, the appellant was present before the court below and the junior counsel requested time for leading evidence, as the senior counsel was suffering with fever. However, the court below without giving any opportunity to the appellant, dismissed the complaint for default. Therefore, he prays to allow the appeal. 5. As seen from the record, it is clear that on the date of adjournment i.e. on 08.10.2008 the appellant was present and inspite of the condition, the appellant failed to produce evidence, and hence, the complaint was dismissed for default. Thereafter, the appellant filed Crl.M.P.No.2689 of 2009 before the court below seeking restoration of the complaint and the said petition was also dismissed, by an order dated 18.12.2009, on the ground that the appellant could not produce evidence inspite of giving several adjournments and at last the case was posted to 08.10.2009 for the evidence of the appellant on costs of Rs.100/- and even on that date, the appellant did not produce any witness. 6. When it is the case of the appellant that on the date of adjournment, his counsel was suffering from fever and therefore he could not produce any witness, the court below should have given one more opportunity to him on more costs. In the light of the same and as the submissions made by the learned counsel for the appellant appears to be reasonable and having regard to the fact that the complaint was filed against respondents 1 to 3 for the offences punishable under Sections 138 and 141 of the Negotiable Instruments Act, this Court is of the view that the impugned judgment is liable to be set aside. 7. In the result, the appeal is allowed and the judgment dated 08.10.2009 passed by the learned Additional Judicial Magistrate of First Class, Karimnagar, in C.C.No.399 of 2008, is set aside and the complaint is restored to file. _______________________ GOPALA KRISHNA TAMADA 29th March, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.527 of 2010 (Allowed) Date:29-03-2010 CBS