THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.787 of 2011 BETWEEEN: Puram Anasurya … Appellant AND State of A.P. & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.787 of 2011 JUDGMENT: The lower Court dismissed private complaint of the appellant/complainant filed under Section 138 of the Negotiable Instruments Act due to non-pursuit of the case by the appellant in the lower Court. The lower Court dismissed the case and acquitted the accused in exercise of the powers under Section 256(1) Cr.P.C. There is no dispute that the complainant was absent on the date of the impugned order and her counsel was also absent and there was no representation on behalf of the complainant. The accused was present on that day. The lower Court further noted that the complainant did not appear before that Court for the last several adjournments. Therefore, the lower Court rightly came to the conclusion that the complainant had no interest to proceed further in that case. Even after lapse of three years, the complainant did not lead any evidence before the lower Court and did not even choose to appear before the lower Court. In those circumstances, the lower Court is justified in resorting to Section 256(1) Cr.P.C. There are no grounds in this appeal to interfere with the order passed by the lower Court. 2. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 08.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.787 of 2011 DATED: 08.06.2011 ysk