THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.45 OF 2002. DATED: 05-10-2009. Between: M/S Kakatiya Cements Ltd., rep by K.P.Rama Rao … Appellant and 1. J.Samba Siva Rao and another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO. 45 OF 2002. JUDGMENT: This appeal is directed against the order of acquittal of the 1st respondent-accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, passed by the XV Metropolitan Magistrate, Hyderabad, vide judgment, dated 08-10- 2001, in C.C.No.1632 of 1998. 2. This appeal was admitted on 21-01-2002. As notice sent to the 1st respondent was not returned served, reminder was issued. But it was also returned with an endorsement that his whereabouts are not known. Therefore, a memo was issued to the counsel for the appellant to furnish correct address of the 1st respondent, but the counsel has not taken any steps. Hence, this Court, by order, dated 21-04-2009 directed the learned counsel for the appellant to furnish the correct address of the 1st respondent within a period of four weeks from that day, failing which the appeal stands dismissed. The said conditional order has not been complied with. Therefore, the order was given effect and consequently the appeal against the 1st respondent was dismissed. In the absence of the 1st respondent, the appeal cannot be determined and decided. 3. Therefore, the Criminal Appeal is dismissed for non- prosecution. --------------------- K.C.BHANU, J DATED: 05-10-2009 Hsd