IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1543 OF 2009 Between: The General Agencies Kadiri ..... Appellant/Complainant AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. 2. T. Shajahan Khan ..... Respondents The Court made the following: JUDGMENT: This Criminal Appeal, under Section 378 (4) of the Code of Criminal Procedure, 1973, is directed against the judgment, dated 05.06.2009, in S.T.C.No.47 of 2006, on the file of the learned Judicial Magistrate of First Class, Madanapalle, Chittoor District. 2. Inspite of service of notice to the second respondent, none appeared. Heard the learned counsel for the appellant. 3. The complaint was dismissed for non-prosecution on 05.06.2009. The learned counsel appearing for the appellant stated that as the Manager of the complainant was not doing well, he could not attend the Court and so, the complaint was dismissed. Even if there are some laches on the part of the complainant, the trial Court ought to have given one more opportunity to prosecute the case. The absence of the complainant on the date when the complaint was dismissed is not shown to be wanton or willful. According to the learned counsel appearing for the appellant, except on one occasion, the complainant was present on all the previous occasions. Therefore, one more opportunity can be given. 4. Hence, the Criminal Appeal is allowed by setting aside the judgment, dated 05.06.2009, in S.T.C.No.47 of 2006, on the file of the learned Judicial Magistrate of First Class, Madanapalle, Chittoor District. The trial Court is directed to dispose of the case in accordance with law. ______________ K.C. BHANU, J Date: 7th December, 2009 KL