IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1257 OF 2009 Between: N. Gandhi Babu ..... Appellant/Complainant AND 1. D.R. Suresh ..... Respondent/Accused 2. The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents The Court made the following: JUDGMENT: The Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973, is directed against the order, dated 30.04.2009, in S.T.C.No.130 of 2008, on the file of the learned IV Additional Judicial Magistrate of I Class, Chittoor District, whereunder and whereby, the complaint was dismissed for default under Section 256 of the Code of Criminal Procedure, 1973, for not paying the process fee for issuing summons to the accused. 2. Since the first respondent has not entered his appearance in trial Court, notice to him in this Criminal Appeal is not necessary. 3. The lower Court directed the appellant/complainant to pay the process fee for issuing summons to the accused. Though the appellant/complainant was present on 30.04.2009, still the complaint was dismissed for default for not paying the process fee. The lower Court ought to have given one more opportunity. Therefore, the impugned order, dated 30.04.2009, is set aside. 4. Accordingly, the Criminal Appeal, is allowed at the stage of admission setting aside the order, dated 30.04.2009, in S.T.C.No.130 of 2008, on the file of the learned IV Additional Judicial Magistrate of I Class, Chittoor District. _______________ (K.C. BHANU, J) Date: 20th October, 2009 KL