THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.287 OF 2011 JUDGMENT: 1 In lieu of certain money transactions, the second respondent being the managing partner of the first respondent issued a cheque for Rs.3,00,000/-. When the said cheque was presented before the bank, the same was returned by the petitioner’s bank on the ground of insufficiency of funds. In those circumstances, the petitioner, after following the procedure provided for under section 138 of the Negotiable Instruments Act, filed the complaint and the same was numbered as C.C.No.313 of 2006 before the court below. However, the said complaint was dismissed under section 256 of Cr.P.C. on the ground that the petitioner was absent. 2 As it is an order passed under section 256 of Cr.P.C., which amounts to acquittal, the complainant filed this appeal under section 378 of Cr.P.C. 3 This court while ordering notice before admission directed the counsel for the petitioner to take out personal notice to the respondents / accused. Though the notices were sent by the counsel for the petitioner, they were returned unserved and in those circumstances, this court directed the counsel for the petitioner to take out substitute service. Accordingly the counsel for the petitioner took out substitute service by publishing the notice in Vaarttha daily of Hyderabad edition on 19.02.2011. Despite the said service, the respondents have not chosen to put in their appearance before this court. 4 Heard the counsel for the petitioner. 5 Now that the petitioner explained the reasons under which he could not attend before the court below on the said date this court is of the view that one more opportunity may be given to the petitioner. 6 Accordingly, this revision is allowed, the order dated 09.04.2010 on the file of the court of the Judicial Magistrate of I Class for Trial of Prohibition and Excise Offences in C.C.No.313 of 2006 is hereby set aside and the said C.C. is restored to its file. ----------------- Kvsn 07.03.2011