THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1552 of 2008 JUDGMENT: 1. This Criminal Appeal is directed against order dated 01.09.2008 in C.C. No.94 of 2008 on the file of the XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad, whereunder and whereby the learned Magistrate dismissed the case for non- compliance of the order for payment of warrant batta. 2. The learned counsel for the appellant/complainant submitted that the complainant had already deposited process for 3 times for execution of non-bailable warrant against the second respondent/ accused, and that the absence of the appellant on that day was not wanton or intentional, and hence, he prays to restore the complaint to file. 3. Though notice is served, none appears for the respondent. 4. The complaint is filed for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. No doubt, the complainant was not present before the trial court on the said day. Having regard to the circumstances submitted by the learned counsel for the appellant, absence of the complainant is not shown to be wilful or wanton on that day. Sufficient cause has been shown for his absence on 1.9.2008. It is stated that the complainant had already deposited process for 3 times for execution of the warrant against the accused. Though the learned Magistrate had shown indulgence, one more opportunity can be given to the complainant to prosecute his case. 4. The Criminal Appeal is, accordingly, allowed, setting aside the order dated 01.09.2008 in C.C. No.94 of 2008 on the file of the XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Hyderabad, and the C.C. is restored to file. ------------------- 18.1.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1552 of 2008 Date: 18.1.2010 Between: Mohd. Karimuddin …Appellant And State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1552 of 2008 18.1.2010