HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No:500 OF 2011 JUDGMENT: This appeal is filed by the appellant-complainant against the order dated 9.2.2011 passed in C.C.No.363 of 2010 by the Special Judicial Magistrate of First Class (Prohibition & Excise Cases), Khammam, dismissing the complaint for default and acquitting the accused under Section 256(1) Cr.P.C. The case of the complainant reads as follows: The complainant and the accused are well acquainted with each other. Out of their acquaintance, the accused approached the complainant on 9.4.2007 and borrowed an amount of Rs.50,000/- to meet his family necessities. After receipt of the said consideration, the accused executed a promissory note in favour of the complainant on the same day agreeing to repay the same along with interest at the rate of 24% per annum either to the complainant or to his order on demand. Thereafter, on repeated demands, the accused issued a cheque bearing No.434110, dt. 18.10.2009 drawn on Andhra Bank, Main Branch, Khammam for Rs.74,000/- towards payment of the above said debt. When the said cheque was presented, the same was returned unpaid on the ground of ‘funds insufficient’. Thereafter, the complainant got issued a notice on 24.12.2009, but the accused did not give any reply. Hence, the complainant filed the above complaint. As the complainant was absent, the Court below dismissed the complaint. Challenging the same, the present appeal has been filed. Heard and perused the material available on record. In view of the fact that the summons are not served on the respondent-accused, this Court is of the view that formal notice to the respondent-accused can be dispensed with. It is the contention of the learned Counsel for the petitioner that the petitioner-complainant is regularly attending the Court below and therefore, one more opportunity may be given to him. In view of the above submission and in view of the nature of the case and the quantum of the cheque amount, this Court is of the view that one more opportunity may be given to the petitioner-complainant. In those circumstances, the Criminal Appeal is allowed setting aside the order impugned herein. Consequently, C.C.No.363 of 2010 on the file of the Special Judicial Magistrate of First Class (Prohibition & Excise Cases), Khammam, is restored to its file. __________________________ Justice Gopala Krishna Tamada Dated: 8.4.2011 Nn/rkk HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No:500 OF 2011 8.4.2011