THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1820 of 2009 JUDGMENT: 1. This Criminal Appeal, under Section 378 (4) Cr.P.C., is directed against docket order dated 12.08.2009 in C.C. No.550 of 2006 on the file of the Judicial First Class Magistrate, Siddipet, whereunder and whereby the learned Magistrate dismissed the case for default on the ground that the appellant/complainant was absent, there was no representation on his behalf and he was not proceeding with the case by taking further steps. 2. The learned counsel for the appellant submitted that, the counsel for the complainant was not well on the said day, and that the complainant was present in the old court as he was not aware of shifting of the court to new building, and after knowing the same and when he went there, the matter was already dismissed, and that the absence of the complainant on that day was not wanton or intentional, and hence, he prays to restore the complaint to file. 3. Though notice is served, none appears for the respondent. 4. The complaint is filed for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. No doubt, the complainant was not present before the trial court on the said day. Having regard to the circumstances submitted by the learned counsel for the appellant, absence of the complainant is not shown to be wilful or wanton on that day. Sufficient cause has been shown for his absence on 12.8.2009. Though the learned Magistrate had shown indulgence, one more opportunity can be given to the complainant to prosecute his case. 4. The Criminal Appeal is, accordingly, allowed, setting aside the docket order dated 12.08.2009 in C.C. No.550 of 2006 on the file of the Judicial Magistrate of First Class, Siddipet and the C.C. is restored to file. ------------------- 18.1.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1820 of 2009 Date: 18.1.2010 Between: Kura Prabhakar …Appellant And Shika Sattaiah & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 1820 of 2009 18.1.2010