HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.216 of 2010 DATE:08.03.2010 Between: Md. Muzaffar Ahamad … Appellant And P.Srinivasulu and another … Respondents HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.216 of 2010 JUDGMENT: This appeal is directed by the appellant-complainant against the judgment dated 07.10.2009 passed by the learned Special Judicial Magistrate of First Class for Mobile, Nellore, in C.C.No.547 of 2009, dismissing the complaint on the ground that the complainant was called absent and there was no representation on his behalf. 2. Heard both sides. 3. When the summons sent by the learned counsel for the appellant-complainant were not served on the 1st respondent-accused, the court below directed the appellant to take out fresh summons to the 1st respondent and adjourned the matter to 07.10.2009, on which date, as the appellant was called absent and there was no representation on his behalf, the court below dismissed the complaint. 4. Now, it is submitted by the learned counsel for the appellant that steps have been taken, and due to wrong noting down of the date of hearing as 09.10.2009 instead of 07.10.2009, the appellant did not appear before the court below on the date of hearing and his absence was not intentional. 5. Having regard to the fact that steps have been taken and the complaint was filed under Section 138 of Negotiable Instruments Act and having considered the submissions made by the learned counsel for the appellant, this Court is of the view that the appeal is liable to be allowed. 6. In the result, the criminal appeal is allowed and the judgment dated 07.10.2009 passed by the learned Special Judicial Magistrate of First Class for Mobile, Nellore, in C.C.No.547 of 2009, is set aside, and the complaint is restored to file. ______________________ GOPALA KRISHNA TAMADA 8th March, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.216 of 2010 (Allowed) Date:08-03-2010 CBS