THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1361 OF 2009. DATED: 26-11-2009. Between: M/S Sree Veera Venkata Satyanarayana Raw and Boiled Rice Mill, a partnership Firm rep. by its partner … Appellant/Complainant and 1.M/s Bharat Trading company, rep. by Its Proprietor and another … Respondents/Accused 3.State of A.P. rep. by its Public Proseutor, High Court Of A.P. Hyderabad. Respondent/Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1361 OF 2009. JUDGMENT: This Criminal Appeal by the appellant-complainant under Section 378 (4) Cr.P.C., is directed against the judgment, dated 13-08-2009, in C.C.No.381 of 2009, on the file of the Judicial Magistrate of I Class, Anaparthy, whereunder and whereby the complaint was dismissed under Section 256 Cr.P.C. 2. Heard learned counsel appearing for the appellant. In spite of service of notice, none appears for the 2nd respondent. 3. As seen from the record, it is clear that on 13-08-2009, the complainant did not attend the Court. Therefore, the complaint was dismissed under Section 256 Cr.P.C. 4. It is not shown that the complainant was absent on all the previous occasions. When the counsel for the complainant requested to pass over the matter enabling to file an application to condone the absence of the complainant, the complaint was dismissed. Proper explanation was given for the absence of the complainant on that day as he was not doing well. Therefore, the trial Court ought to have adjourned the matter to some other date. As sufficient cause is shown for his absence, the complaint can be restored to its original file. 5. Accordingly, the Criminal Appeal is allowed setting aside the judgment, dated 13-08-2009, in C.C.No.381 of 2009, on the file of the Judicial Magistrate of I Class, Anaparthy. The matter is remitted to the trial Court with a direction to proceed with the case further in accordance with law. --------------------- K.C.BHANU, J DATED: 26-11-2009 Hsd