THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL APPEAL No.2149 of 2004 JUDGMENT: This criminal appeal under Section 378(4) Cr.P.C. is filed against the docket order dated 05.07.2004 in C.C.No.343 of 2003 on the file of the Court of the Judicial Magistrate of First Class, Nandyal, whereunder and whereby the complaint filed by the appellant under Sections 190 and 200 Cr.P.C. for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short ‘the Act’), against the accused was dismissed. 2. On 05.07.2004, as the complainant/appellant was absent and nonbailable warrants were pending against the accused, the complaint was dismissed. 3. Though the appeal against the second respondent was dismissed by this Court on 27.01.2005, there is no need to issue notice to the third respondent in view of the fact that he was not served with summons in the trial Court. Therefore, heard the learned counsel for the complainant/appellant. 4. It is stated that in view of the ill-health of the appellant/complainant, he could not come to the Court and contact his counsel. Therefore, his absence on the day when the case was called before the trial Court, on which day the case was dismissed for default, cannot be said to be intentional or wanton. Since the absence of the appellant/complainant is not intentional, one more opportunity should be given to him. 5. Accordingly, the Criminal Appeal is allowed setting aside the impugned order dated 05.07.2004 in C.C.No.343 of 2003 on the file of the Court of the Judicial Magistrate of First Class, Nandyal. _______________ (K.C. BHANU, J) 28th January, 2010 GHN