IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE K. C. BHANU Crl.A.No : 1360 of 2009 Between: Korla Bulli Vekanna. ..Appellant... AND Gurrala Kumara Swamy and another. .....Respondents. JUDGMENT: This appeal under Section 378 of Criminal Procedure Code, 1973 is directed against the order dated 18.06.2009 in C.C.No.360 of 2007 on the file of the Additional Judicial First Class Magistrate, Ramachandrapuram, East Godavari District, whereunder and whereby, the complaint filed by the appellant/complainant was dismissed for default as contemplated under Section 256 Cr.P.C and the first respondent/accused was acquitted. 2. Learned counsel for the appellant contended that the appellant did not attend the Court only on 18.06.2009 as he was suffering from ailment and was taking treatment at Hyderabad. He further contended that the petition filed by the appellant to condone his absence was dismissed. 3. As seen from the order impugned, it is stated that the appellant was dragging on the matter. But, the material on record shows that the appellant appeared on all the adjournments, except on 18.06.2009. When the appellant filed a petition explaining the reasons of his absence on 18.06.2009, it should have been accepted by the trial Court and the matter ought to have been posted to some other date to give him a reasonable opportunity to proceed with trial of the case. It is not a case where the appellant was absent on 18.06.2009 wilfully or wantonly. Hence, one more opportunity can be given to the appellant so as to prosecute his case promptly. 4. Accordingly, the Criminal Appeal is allowed and the order dated 18.06.2009 in C.C.No.360 of 2007 on the file of the Additional Judicial First Class Magistrate, Ramachandrapuram, is set aside. The trial Court is directed to dispose of the case in accordance with law. _____________ K. C. BHANU, J Date:25.11.2009. sj