THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No. 320 of 2011 JUDGMENT: This appeal is directed against the order, dated 26.03.2010, made in S.T.C.No.204 of 2007, whereby the learned III Additional Judicial Magistrate of First Class, Tirupati, 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 of the case are that respondent No.2 herein issued a cheque for certain amount. On presentation of the said cheque by the complainant before the Bank, it was bounced on the ground of insufficient funds and after following the statutory procedure laid down under sections 138 and 142 of the Negotiable Instruments Act 1881, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “Complainant called absent. No representation since long time. Accused is present. Though the matter is posted as a last chance, today also complainant called absent. No representation. It shows that the complainant not evincing any interest in this matter. Chief affidavit not filed. Hence the complaint is dismissed U/Sec. 256(1) Cr.P.C.” 3 Despite service of notice on the second respondent, he has not put in appearance. 4 Heard the learned counsel for the appellant. 5 Now the appellant filed the appeal stating various reasons due to which he could not present before the Court below on that particular date. The said contentions put forth by the appellant appear to be true and genuine and hence they are accepted. 6 Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and S.T.C. No. 204 of 2007 on the file of the III Additional Judicial Magistrate of First Class, Tirupati, is restored to its file. _____________________________ GOPALA KRISHNA TAMADA,J Date.06.12.2010. lvl THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No. 320 of 2011 Date.06.12.2010