IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1768 OF 2001 Between: Sri R. Nagaraju ..... Appellant/Complainant AND 1. Smt. Malati Reddy 2. The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents/Respondents The Court made the following: JUDGMENT: The criminal appeal, under Section 378(4) of the Code of Criminal Procedure, 1973, by the appellant/complainant, is directed against the judgment, dated 03.09.2001, in C.C.No.1488 of 1999, on the file of the learned XI Metropolitan Magistrate, Secunderabad, whereunder and whereby, the first respondent/accused was found not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. The unsuccessful complainant filed the present criminal appeal. The appeal was admitted on 03.12.2001. Notices and reminders sent to the first respondent/accused were returned unserved. Therefore, this Court by an order, dated 20.04.2009, directed the learned counsel appearing for the appellant to furnish the correct and full addresses of the first respondent/accused within a period of four weeks from that date so that the office can send notice to her, failing which, the criminal appeal shall stand dismissed. The said conditional order has not been complied with by the learned counsel appearing for the appellant. Accordingly, the docket proceeding, dated 20.04.2009, is given effect. There cannot be any dispute that the criminal appeal cannot be determined and decided in the absence of the first respondent/accused. 3. Hence, the criminal appeal is dismissed for non- prosecution. _______________ (K.C. BHANU, J) Date: 15th September, 2009 KL