IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1143 OF 2002 Between: Sunkarapalli Srinivasa Rao ..... Appellant/Complainant AND 1. Sri Krishna Reddy ..... Respondent/Accused 2. The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents The Court made the following: JUDGMENT: The criminal appeal is filed by the complainant under Section 378(1) & (3) of Cr.P.C., 1973, against the judgment, dated 10.07.2002, in C.C.No.40 of 1999, on the file of the learned Additional Judicial Magistrate of 1st Class, Bobbili, whereunder and whereby, the first respondent/accused was acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. When the notices were ordered to be sent to the first respondent/accused, they were returned with an endorsement that the first respondent/accused vacated the house and his whereabouts were not known. Therefore, the learned counsel appearing for the appellant was directed by Memos, dated 31.07.2003 and 05.04.2007, to furnish the correct and full address of the first respondent/accused to enable the office to send the notice. 3. Inspite of the same, the learned counsel appearing for the appellant has not taken any steps. Therefore, by an order, dated 21.04.2009, this Court directed the learned counsel appearing for the appellant to furnish the correct address of the first respondent/accused within a period of four (4) weeks from that date so that the office can send notice to him, failing which the criminal appeal shall stand dismissed. But the notice to the first respondent/accused has not been furnished. In the absence of the first respondent/accused, the criminal appeal cannot be decided and determined. 4. Hence, the criminal appeal is dismissed for non- prosecution. _______________ (K.C. BHANU, J) Date: 8th September, 2009 KL