THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1404 of 2010 JUDGMENT: This appeal is directed against the order, dated 13.07.2009, made in C.C.No.1034 of 2008, whereby the learned VII Additional Judicial Magistrate of First Class, Rajahmundry, dismissed the complaint filed by the complainant on the ground that he was absent and no representation was made on his behalf. 2. The appellant/de facto complainant filed a private complaint stating that respondent Nos.2 to 8 herein have committed mischief by tearing the valuable documents evidencing deposit of money towards stamp duty and the sale deed etc., and the same was registered as C.C.No.1034 of 2008 for the offences punishable under Sections 406, 427, 477 and read with Section 34 IPC. As the de facto complainant called absent, the said C.C. was dismissed. Hence, this appeal. 3. The judgment impugned reads as follows: “This private complaint filed by the complainant for the offence punishable under Sections 406, 427, 477 read with Section 34 IPC. Complainant absent. No representation. As seen from the records, the complainant is not appearing before the Court since December, 2005, though sufficient opportunity was given. Hence, in view of the above reasons, this complaint stands dismissed. 4. During the pendency of this appeal, respondent No.2 died. Notices sent to respondent Nos.3 to 8 were served and Sri Ch. Dhananjay, learned counsel, filed vakalat on their behalf. 5. Now the appellant filed an affidavit stating the various circumstances under which he was not present before the court below on that particular date. The said contentions put forth by the appellant in the affidavit appear to be true and genuine and hence they are accepted. 5. Accordingly, this appeal is allowed and the judgment impugned in this appeal is hereby set aside and CC No.1034 of 2008 on the file of the VII Additional Judicial Magistrate of First Class, Rajahmundry, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.24.11.2010. sj