THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1505 of 2010 JUDGMENT: This appeal is directed against the order, dated 27.01.2010, made in C.C.No.581 of 2007, whereby the learned II Additional Judicial Magistrate of First Class, Nellore, 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 order impugned reads as follows: “Complainant/A1 absent. No representation. Accused present. Complaint is dismissed under Section 256 Cr.P.C. and hence, accused is acquitted. 3. Notices sent to the first respondent were served and Sri Yellanki Pulla Rao, learned counsel, filed vakalat on behalf of the first respondent. 4. Now the appellant filed an affidavit stating the various circumstances under which she 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. 98 of 2007 on the file of the II Additional Judicial Magistrate of First Class, Khammam, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.22.11.2010. sj