THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1252 OF 2009. DATED: 27-11-2009. Between: R. Venkata Manikya Chandra Sekhar … Appellant/Complainant and 1.State of A.P. rep. by its Public Proseutor, High Court Of A.P. Hyderabad and another. Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.1252 OF 2009. JUDGMENT: This Criminal Appeal by the appellant-complainant under Section 378 Cr.P.C., is directed against the judgment, dated 09- 01-2009, in S.R.No.8456 in C.C.No. /2008, on the file of the II Additional Judicial Magistrate of I Class, Eluru, whereunder and whereby the complaint was dismissed for default as the complainant was absent. 2. Heard learned counsel appearing for the appellant. In spite of service of notice, none appears for the 2nd respondent. 3. It is stated that on 09-01-2008 when the appellant reached the court hall, his case was called and his advocate who was then engaged in other court asked his colleague to watch the case under the impression that the complainant was present and the case is only to number, but the trial Court dismissed the complaint as there was no representation. The trial Court ought to have given an opportunity to the complainant. Therefore, the complaint can be restored to its original file. 4. Accordingly, the Criminal Appeal is allowed. The matter is remitted to the trial Court with a direction to proceed with the case further in accordance with law. --------------------- K.C.BHANU, J DATED: 27-11-2009 Hsd