THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1236 of 2010 JUDGMENT: This appeal is directed against the order, dated 15.09.2010, made in C.C.No.216 of 2010, whereby the learned Judicial Magistrate of First Class, Jaggaiahpet, Krishna District, 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 respondent No.1 herein issued a cheque for certain amount. 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 complainant filed the complaint and as stated supra, the same was dismissed. The relevant portion of the order impugned reads as under: “Complainant absent. No representation. Process not deposited as directed on last date of hearing. Hence, complaint is dismissed for default”. 3 Notice sent to the first respondent was served and Sri P. Venkanna, learned counsel, filed Vakalat on her behalf. 4 Now the appellant filed an affidavit stating the various circumstances under which he was not present before the Court below on that particular date. The said contentions put forth by the appellant in the affidavit 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 CC No. 216 of 2010 on the file of the Judicial Magistrate of First Class, Jaggaiahpet, Krishna District, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.26.11.2010. sj