THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1094 of 2010 JUDGMENT: This appeal is directed against the order, dated 26.07.2010, made in C.C.No.534 of 2009, whereby the learned Judicial Magistrate of First Class for Special Mobile, Nellore, dismissed the complaint filed by the complainant on the ground that he was absent and no representation was made on his behalf. 2 Brief facts of the case are that respondent No.1 herein issued a cheque for certain amount. On presentation of the said cheque by the complainant before the Bank, it was bounced on the ground of insufficient funds and after following the statutory procedure laid down under sections 138 and 142 of the Negotiable Instruments Act 1881, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “Complainant called absent. No representation. Accused called present. Kept aside. Called against at 4.00 P.M. Complainant called absent. No representation. Kept aside. Accused called present. Called again at 4.45PM. Complainant called absent. No representation. Accused called present. Though conditional order is passed, the complainant did not appear before this court to prosecute the case. It seems that the complainant do not have any intention to proceed with the case. Therefore, I do not find any reason to adjourn the matter without any representation from the complainant. Hence, the complaint is dismissed under Section. 256(1) Cr.P.C. and the accused is acquitted.” 3 Despite service of notice on the first respondent, he has not put in appearance. 4 Heard the learned counsel for the appellant. 5 Now the appellant filed the appeal stating various reasons under which he could not present before the Court below on the particular date. The said contentions put forth by the appellant appear to be true and genuine and hence they are accepted. 5 Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and CC No. 534 of 2009 on the file of the Judicial Magistrate of First Class (Special Mobile Court), Nellore, is restored to its file. _____________________________ GOPALA KRISHNA TAMADA,J Date.06.12.2010. lvl THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1094 of 2010 Date.06.12.2010