THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.637 of 2009 JUDGMENT: 1. This Criminal Appeal is directed against order dated 03.07.2008 in C.C. No.739 of 2007 on the file of the XI Additional Chief Metropolitan Magistrate, Secunderabad, whereunder and whereby the learned Magistrate dismissed the case as the appellant/ complainant was absent and there was no representation on his behalf. 2. Inspite of sufficient service, the respondents 1 and 2 are absent and there is no representation on their behalf. 3. The learned counsel for the appellant/complainant submitted that the complainant was present on all the previous adjournments and the absence of the appellant on that day was not wanton or intentional as he was ill, and hence, he prays to give one more opportunity to the complainant and restore the complaint to file. 4. The complaint is filed for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. No doubt, the complainant was not present before the trial court on the said day. Having regard to the circumstances submitted by the learned counsel for the appellant, absence of the complainant is not shown to be wilful or wanton on that day. Sufficient cause has been shown for his absence on 03.07.2008. Though the learned Magistrate had shown indulgence, one more opportunity can be given to the complainant to prosecute his case. 4. The Criminal Appeal is, accordingly, allowed, setting aside the order dated 03.07.2008 in C.C. No.739 of 2007 on the file of the XI Additional Chief Metropolitan Magistrate, Secunderabad and the C.C. is restored to file. ------------------- 18.1.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 637 of 2009 Date: 18.1.2010 Between: Sk. Ghouse Pasha …Appellant And K.V.S. Suresh & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 637 of 2009 18.1.2010