THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1230 OF 2010 JUDGMENT: 1 This appeal is directed against the order dated 19.09.2008 whereby the learned Chief Metropolitan Magistrate at Vijayawada dismissed the complaint filed by the complainant on the ground that he was absent and no representation was made on his behalf. 2 Brief facts are that the 1st respondent herein, towards discharge of the debt taken by him from the appellant, issued a cheque for Rs.1,80,000/- in favour of the appellant. On presentation of the said cheque it was bounced and after following the statutory procedure laid down under sections 138 and 142 of the Negotiable Instruments Act, the appellant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “Accused present. Complainant absent during call work and the complainant is again called absent though waited up to 4-00 PM. The learned defence counsel for the complainant is not present. The matter is coming for complainant side evidence. There is no representation and there is no ground for extension of time since the complainant did not turn up despite specific direction on 11/08/08. Therefore, in the circumstances the accused is acquitted U/Sec.256 Cr.P.C due to the absence of complainant”. 3 On notice, the first respondent put in his appearance through and advocate by name Tennati Prabhu Dasu. 4 Now the appellant came forward stating the various circumstances under which he could not be present before the court below on the particular date. The said contentions put forth by the appellant appear to be true and genuine and hence they are accepted. 5 Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and the C.C.No.787 of 2008 is restored to its file. ----------------- 19.10.2010 kvsn