THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.31 OF 2003 JUDGMENT This criminal appeal is directed against the judgment, dated 18.04.2002, in C.C.No.213 of 2001, on the file of Special Judicial Magistrate of First Class for P.C.R. Cases, Warangal, whereunder and whereby the accused was acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. When the notice was ordered by this court, it was returned un- served with an endorsement "no such company is existing in the given address". Therefore, on 02.05.2006 & 08.05.2008 two reminders have been issued to the learned counsel for the appellant to furnish the correct address of the first respondent/accused. The learned counsel for the appellant did not furnish the correct address of the first respondent/accused. Again on 08.08.2008, a memo was issued to the learned counsel for the appellant to furnish the correct address of the first respondent/accused, but there is no response. As per the request made by the learned counsel for the appellant before this court on 18.06.2009, two weeks' time was granted and the matter was listed on 02.07.2009. On 02.07.2009, another two weeks time was granted, finally, for furnishing the correct address of the first respondent/accused and it was posted to 20.07.2009. On 20.07.2009, when the matter was posted none appeared and hence it was posted to 21.07.2009 under the caption 'for judgment'. On 21.07.2009 also none appeared. Therefore, the matter was posted to this day i.e., 27.07.2009. Even today also, none appeared. In view of the fact that the offence under Section 138 of the Negotiable Instruments Act is punishable with imprisonment and also fine, no adverse order can be passed in the absence of the first respondent/accused. The question of hearing the accused is mandatory, in case this court does not agree with the findings recorded by the trial court. Therefore, in the absence of sufficient service on first respondent/accused, the judgment of the trial court cannot be set aside. Hence, the criminal appeal is dismissed for non-prosecution. ____________ K.C.BHANU J., Dt.27.07.2009 tjs