THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1013 OF 2009. DATED: 23-12-2009. Between: Makhariya Capital Ltd., rep. by its Manager Srikanth. …Appellant/Complainant and 1.Jadhav Rama Rao … Respondent/Accused 2.State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad. … Respondent/Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1013 OF 2009. JUDGMENT: This Criminal Appeal is filed by the complainant against the order, dated 29-01-2009, in C.C.No.325 of 2006, on the file of the Judicial Magistrate of I Class, Adilabad, wherein the complaint was dismissed and the accused was acquitted under Section 256 Cr.P.C. 2. A perusal of the impugned order would go to show that as the complainant and the counsel for the complainant were absent, the complaint was dismissed and the accused was acquitted. Explanation given by the complainant is that the case was called on 16-01-2009, but on that day as the Presiding Officer was on leave, the Bench Clerk informed the complainant that the case was posted to 12-02-2009, but as a matter of fact, the case was posted to 29-01-2009. Due to not properly noting down the next date of hearing, the complainant was absent on 29-01-2009. It is not a case where the complainant was absent wantonly or willfully. Proper explanation was given by the complainant for his absence. Therefore, impugned order is liable to be set aside. 3. Accordingly, the Criminal Appeal is allowed setting aside the order, dated 29-01-2009, in C.C.No.325 of 2006, on the file of the Judicial Magistrate of I Class, Adilabad. --------------------- K.C.BHANU, J DATED:23-12-2009 Hsd