IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST, TWO THOUSAND AND NINE PRESENT: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.A.No.690 OF 2005 Between: C.V.Govinda Rao …Appellant/Complainant A n d P.Subhash & another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.A.No.690 OF 2005 JUDGMENT: This appeal is directed against the order dated 21-02-2005 in C.C.No.728 of 2000, on the file of the XVII Metropolitan Magistrate, Hyderabad, wherein the complaint filed by the appellant herein against the respondent/accused alleging offence under Section 138 of the Negotiable Instruments Act, was dismissed for non- prosecution. 2. Heard the learned counsel for the appellant. Perused the records. 3. As seen from the impugned order, the complaint was filed in the year 2000 and the accused was examined under Section 251 Cr.P.C on 29-12-2000. Ever since, the complainant was not ready to lead evidence and in spite of posting the matter as last chance, the complainant was neither present in the Court nor any representation made on his behalf. The conduct of the appellant only revealed that he is no longer interested in prosecuting the accused. The complainant has never been ready to proceed with the matter and in spite of posting the matter as last chance, the complainant even did not turn up before the Court and no representation was made on his behalf. 4. The trial Court had rightly dismissed the complaint, as there was no reason to adjourn the matter further. The impugned order of the learned Magistrate, dismissing the complaint and consequently acquitting the accused under Section 256 Cr.P.C., does not call for any interference by this Court. 5. In the result, the criminal appeal is dismissed. ____________________ G.V.SEETHAPATHY, J 27th August, 2009. Lrkm.