THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1324 of 2010 JUDGMENT: The appellant is the complainant in C.C.No.207 of 2004 on the file of the II Additional Judicial First Class Magistrate, Rajahmundry. By the docket order, dated 31.07.2008, the said complaint was dismissed on the ground of absence of the complainant. The same is under challenge in this Revision. The first respondent herein-accused borrowed sum of Rs.80,000/- from the complainant and executed a promissory note agreeing to repay the said amount together with interest and in that connection, the accused issued cheque in favour of the complainant towards part payment of debt due, and when the same was presented for collection, it was dishonoured with endorsement “funds insufficient”. Hence, after following the procedure provided for under Section 138 of the Negotiable Instruments Act, a private complaint was filed by the complainant and the learned Magistrate took cognizance of the same and numbered it as C.C.No.207 of 2004. As stated supra, on 31.07.2008, as the complainant was absent and there was no representation on his behalf, the learned Magistrate by the docket order dated 31.07.2008, dismissed the complaint. Heard learned counsel for the petitioner. Admittedly, there are laches on the part of the complainant-appellant. From the impugned docket order, dated 31.07.2008, it is clear that on several occasions the complainant was absent and applications under Section 317 Cr.P.C were also filed. Because of the previous conduct and his absence on 31.07.2008, the Court below took the extreme step of dismissing the complaint. However, as the cheque amount is Rs.80,000/- and as the petitioner stated that his absence on the said date was not voluntary, this Court is of the view that the appellant- complainant be given an opportunity to prove the guilt of the accused. Accordingly, the Criminal Appeal is allowed and the impugned order is set aside and consequently, the said C.C. is restored to its file. The II Additional Judicial First Class Magistrate, Rajahmundry, shall proceed with C.C.No.207 of 2004, in accordance with law. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 26th October 2010 DR