THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1328 of 2009 JUDGMENT: 1. This Criminal Appeal, under Section 378 (4) & (5) Cr.P.C., is directed against the order dated 22.04.2009 in C.C. No.1306 of 2007 on the file of the II Metropolitan Magistrate, Cyberabad, whereunder and whereby the learned Magistrate dismissed the case for default under Section 256 Cr.P.C. on the ground that the appellant/ complainant was absent and there was no representation on his behalf. 2. The learned counsel for the appellant submitted that, the complainant went to his native place to vote during the second phase of general elections on 22.4.2009 and that his counsel came to the court a little bit late due to traffic jam, and by the time he reached the court, the complaint was dismissed during call work. Hence, he prays to restore the complaint to file. 3. On the other hand, the learned counsel for the first respondent opposed the same and contended that the as the complainant was absent and there was no representation, the trial court rightly dismissed the complaint, and there are no grounds to interfere with the same. 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 earlier occasions also, 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 22.4.2009. 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 22.04.2009 in C.C. No.1306 of 2007 on the file of the II Metropolitan Magistrate, Cyberabad, and the C.C. is restored to file. ------------------- 23.12.2009 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1328 of 2009 Date: 24.12.2009 Between: Ponugoti Srinivasulu Reddy …Appellant And State of A.P. rep. by Public Prosecutor, High Court of A.P. & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1328 of 2009 23.12.2009