THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.689 of 2011 BETWEEEN: K.V.Siva Prasad … Appellant AND S.Bhaskar … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.689 of 2011 JUDGMENT: The lower Court dismissed private complaint filed by the appellant/complainant and acquitted the accused under Section 256 Cr.P.C. by the impugned order. There is no dispute that on that day, on the date of the order, the complainant was absent and his advocate was absent and there was no representation for the complainant in the lower Court and Batta was not paid for execution of Non-bailable warrant issued against the accused. The lower Court further observed that the above defaults were committed inspite of there being a previous conditional order. In those circumstances, the lower Court had no other go, except to resort to acquittal of the accused under Section 256 Cr.P.C. It appears to be a chronic case of default. It is evident from the fact that inspite of previous conditional order, the defaults on the part of the complainant persisted. In the circumstances, the lower Court is justified in passing the impugned order and there are no grounds in this appeal to interfere with the said order. 2. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 08.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.689 of 2011 DATED: 08.06.2011 ysk