HON’BLE SRI JUSTICE K.C. BHANU Crl.A.No. 66 of 2010 DATED: 29.01.2010 Between:- Aitha Ramesh .. Appellant/ Complainant And 1. The State of A.P. 2. Perabona Ramesh 3. Oggu Kumara Swamy ..Respondent/ Accused JUDGMENT:- This Criminal Appeal is preferred by the complainant against the Docket Order dated 31.10.2006 passed in C.C.No.775 of 2000 by the Judicial Magistrate of I Class, Huzurabad, whereunder and whereby the complaint filed by the appellant-complainant was dismissed for default on the ground that the complainant was absent and no representation was made on his behalf, and the 2nd and 3rd respondents-accused were acquitted under Section 256 Cr.P.C. Heard the learned counsel for the appellant, the learned Additional Public Prosecutor appearing for the 1st respondent and perused the material placed on record. According to the learned counsel for the appellant-complainant, when the case was called, the counsel, who was appearing on behalf of the complainant in the trial Court, was engaged in other Court, as such, he could not represent the matter, and that the absence of the complainant was neither wanton nor willful, and therefore, he prays to give an opportunity to the complainant to prosecute his case. The contention put forth by the learned counsel for the appellant-complainant that inasmuch as the counsel appearing for the complainant in the trial Court was engaged in other Court, he could not represent the matter, cannot be sustained. However, the Court has a duty to look into the aspect as to whether the absence of the complainant on the particular date is willful or due to any other reason. The impugned order does not indicate whether the presence of the complainant was essential on that day to proceed further with trial of the case. Therefore, considering the facts and circumstances of the case and the submissions made by the learned Counsel for the appellant, it is a fit case where the appellant can be given one more opportunity to prosecute his case. In the result, Crl.A.No. 66 of 2010 is allowed at the stage of admission setting aside the Docket Order dated 31.10.2006 passed in C.C.No.775 of 2000 on the file of the Judicial Magistrate of I Class, Huzurabad, and consequently, C.C. No.775 of 2000 is restored to its file. ______________ K.C. BHANU, J. 29th January, 2010 bcj