THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.1195 of 2011 BETWEEEN: Ms.Sumathi Chitra Chit Fund and Investment Pvt.Ltd. … Appellant AND 1. P.Chandra Sekhar Reddy & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.1195 of 2011 JUDGMENT: Inspite of service of notice on the 1st respondent/accused, he did not prefer to appear and contest the matter before this Court. 2. The lower Court by the impugned order dated 03.08.2009, dismissed the complaint and acquitted the accused for three defaults namely, absence of the complainant, absence of the complainant’s advocate and also non-payment of Batta. But the only saving feature in this matter is that the case was dismissed by the lower Court at the early stages within few months of taking cognizance. In the circumstances, I propose to give another opportunity to the complainant to pursue the matter in the lower Court on terms. 3. In the result, the Criminal Appeal is allowed setting aside the impugned order passed by the Special Judicial Magistrate of the First Class for Prohibition and Excise cases, Kadapa in S.T.C.No.58 of 2009 and restoring the said case to the file of the lower Court, on condition of the petitioner/complainant paying Rs.1,000/- to the A.P. High Court Legal Services Committee, Hyderabad, within two weeks from today; and in default, the appeal shall stand dismissed automatically. No further extension of time will be granted. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 10.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.1195 of 2011 DATED: 10.06.2011 ysk