THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1326 of 2010 JUDGMENT: The appellant is the complainant in C.C.No.61 of 2006 on the file of the II Additional Judicial First Class Magistrate, Nellore. The complaint filed by him under Section 138 of the Negotiable Instruments Act was dismissed by the learned Magistrate on 18.03.2009, on the ground that he was absent. The impugned order reads as under: - “Complainant is called absent. No representation. No batta is being filed in the matter for the year 2006. The matter is kept aside up to 5 pm by calling the same in Bench three times from 10.30 am to 5 pm. But, neither the counsel nor the complainant attended the Court. It seems that no interest to proceed with the case. Hence, the complaint is dismissed under Section 256 Cr.P.C. and for defaut.” Though the first respondent is served, he did not choose to be present in person or through an advocate before this Court. Heard learned counsel for the appellant-accused and learned Public Prosecutor appearing for the second respondent-State. No doubt, the CC of the year 2006 and the appellant is not evincing any interest. From the aforesaid docket order, it is clear that the appellant has not paid the batta for the purpose of sending notice to the accused. This shows the carelessness on the part of the appellant. But, however, as the amount involved in the case is Rs.40,000/-, this Court is of the view that an opportunity be given to the appellant. Accordingly, the Criminal Appeal is allowed and the impugned order is set aside and consequently, the said C.C. is restored to the file, however, on condition of the appellant paying costs of Rs.2,000/- (Rupees Two thousand only) to the District Legal Services Authority, Nellore, within a period of two weeks from today. On ascertaining the fact that the appellant paid the said costs, the Court below may take up the said C.C. and proceed in accordance with law. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 26th October 2010 dr