IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.494 OF 2001 Between: M/s. Andhra Cements Ltd. ..... Appellant AND 1. M/s. Sigma Marketing Company 2. Mr. Awsthi 3. The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents The Court made the following: JUDGMENT: The criminal appeal under Section 378(4) of Cr.P.C., 1973, is directed against the judgment, dated 29.12.2000, in C.C.No.1524 of 1997, on the file of the learned XI Metropolitan Magistrate, Secunderabad, whereunder and whereby, the Accused Nos.1 and 2 were acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Challenging the same, the present criminal appeal is filed by the appellant/complainant. 2. Notice sent to Respondent Nos.1 and 2 who are the Accused Nos.1 and 2 were returned unserved. Therefore, this Court by an order, dated 20.04.2009, directed the learned counsel appearing for the appellant to furnish the correct address of Respondent Nos.1 and 2 within a period of four weeks, failing which the criminal appeal stands dismissed. 3. In pursuance of that conditional order, neither the appellant nor the learned counsel appearing for the appellant furnished the correct address of Respondent Nos.1 and 2. Accordingly, the criminal appeal against the Respondent Nos.1 and 2 was dismissed. No steps have been taken. The criminal appeal cannot be heard in the absence of Respondent Nos.1 and 2 who are the Accused Nos.1 and 2 in the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 4. Therefore, the Criminal Appeal is dismissed for non-prosecution. ______________ K.C. BHANU, J Date: 25th August, 2009 KL