THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1508 of 2010 JUDGMENT: This appeal is directed against the order, dated 03.01.2008, made in C.C.No.60 of 2006, whereby the learned II Additional Judicial Magistrate of First Class, 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 are that respondent No.1 herein issued a cheque for certain amount. On presentation of the said cheque it was bounced and after following the statutory procedure laid down under Sections 138 and 142 of the Negotiable Instruments Act, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “Complainant is called absent. No representation. No batta filed. Matter is kept aside, but no representation. It seems that they are not having any interest to proceed with the case. Hence, the complaint is dismissed for default. 3 Though the first respondent was served with notice, he has not put in his appearance. 4 Now the appellant filed an affidavit stating the various circumstances under which he was not present before the Court below on that particular date. The said contentions put forth by the appellant in the affidavit 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. 60 of 2006 on the file of the II Additional Judicial Magistrate of First Class, Nellore, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.22.11.2010. sj