IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.972 OF 2010 Between: Sri Yellapu Prasad … APPELLANT And Kurmanna Deepa Rani and another … RESPONDENTS This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.972 OF 2010 JUDGMENT: 1. This appeal is filed by the complainant against order, dated 10.12.2009, passed by the Chief Metropolitan Magistrate, Visakhapatnam, in C.C.No.519 of 2009, dismissing the complaint under Section 256 Cr.P.C. The offence alleged against the first respondent/accused is one punishable under Section 138 of the Negotiable Instruments Act, 1881. The lower Court dismissed the complaint on the ground that presence of the complainant is necessary, because the case was posted for trial as last chance. The case was not even one year old one. In the circumstances, the lower Court should have given some leverage to the complainant. 2. Hence, the Criminal Appeal is allowed directing the lower Court to restore C.C.No.519 of 2009 to its file and proceed with the matter on merits, on condition of the petitioner paying Rs.1,000/- to the District Legal Services Authority, Visakhapatnam, on or before 03.09.2010; and in default, the appeal shall stand dismissed automatically. No further extension of time will be granted. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 03, 2010 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.972 OF 2010 August 03, 2010