THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1602 of 2010 JUDGMENT: This appeal is directed against the order dated 07.01.2010 passed in STC.No.17 of 2009, whereby the learned Judicial First Class Magistrate, Special Mobile Court, Kadapa, dismissed the complaint filed by the complainant on the ground that he was absent from the beginning and that there are no valid and acceptable reasons to adjourn the mater. 2. Brief facts are that respondent No.1 herein issued a cheque in favour of the complainant for certain amount. On presentation of the said cheque by the complainant before the concerned Bank, it was bounced and, after following the statutory procedure laid down under Sections 138 and 142 of the Negotiable Instruments Act, 1881, the complainant filed the complaint and as stated supra, the same was dismissed by the impugned order dated 07.01.2010, which reads as follows: “This is a complaint filed by the complainant against the accused for the offence U/sec.138 r/w 142 of Negotiable Instruments Act. Both parties called absent at the time of call work and also at the time of trial work and also after the lunch, no representation. Hence, it is observed that the complainant is absent from the beginning; there is no any valid and acceptable reasons to adjourn the matter. Hence, the complaint is dismissed U/sec.256 Cr.P.C. and the accused is acquitted for offence U/sec.138 r/w 142 of Negotiable Instruments Act.” Though the first respondent was served with notice, he has not put in his appearance. Now the appellant filed an affidavit stating various reasons due to which he was not present before the Court below on that particular date. The said contentions put forth by the appellant appear to be true and genuine and hence they are accepted. Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and STC.No.17 of 2009 on the file of the Judicial First Class Magistrate, Special Mobile Court, Kadapa, is restored to its file. _______________________________ GOPALA KRISHNA TAMADA,J 08.12.2010 v v