HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1269 OF 2010 ORDER: This appeal, with leave petition, is filed against the docket order dated 01-05-2008 in C.C. No.145 of 2006, whereby the complaint was dismissed and accused was acquitted on the ground that the complainant is continuously absent. 2. Heard. 3. The order impugned reads as under:- “Complainant called absent and Petition is filed to condone his absence under Section 256 of Cr.P.C. Accused called present. This matter coming for cross-examination of P.w.1 for several adjournments. Every time the complainant is taking adjournments one or the other ground. On the previous adjournment at the request of the complainant this matter was adjourned and costs were imposed on him U/s.309 of Cr.P.C. In spite of that the complainant neither appeared before the court nor paid the costs. Therefore, this complaint is dismissed U/s.256 of Cr.P.C. and the accused is acquitted.” 4. From a perusal of the said order, it is clear that the appellant is not evincing any interest and he has not chosen to pay the costs also. In those circumstances, it is not desirable to show any indulgence. However, as the cheque amount is Rs.1,40,000/-, this Court is of the view that one more opportunity be given to the petitioner to prosecute the said case. However, the said indulgence can be shown only on certain terms. 5. Accordingly, this Criminal Appeal is allowed at the admission stage, by imposing costs of Rs.4,000/- (Rupees four thousand only) to be paid to the State Legal Services Authority, within a period of four (4) weeks from the date of receipt of a copy of this order. If the appellant fails to pay the said costs, it is made clear that the order dated 01-05-2008 automatically comes into existence. ________________________ GOPALA KRISHNA TAMADA, J October 07, 2010. KTL