THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1542 of 2010 DATED: 06-04-2010 JUDGMENT: This appeal is directed by the appellant-complainant against the judgment, dated 28.03.2008, passed by the learned Judicial Magistrate of First Class, Karimnagar, in C.C.No.437 of 2007, dismissing the complaint for default on the ground that in spite of condition, the complainant was called absent and there was no representation on his behalf. 2. Heard both sides. 3. Appellant herein filed the C.C.437 of 2007 against the 1st respondent herein for the offence under Section 138 of the Negotiable Instruments Act and subsequently notices were sent to the accused and the matter was posted to 28-03-2008 for the purpose of adducing evidence on behalf of the complainant. However, on 28-03-2008 as the appellant was not present and there was no representation on his behalf, the Court below dismissed the complaint for default. 4. Now, it is submitted by the learned counsel for the appellant that the learned Judge ought to have seen that the complaint under Section 138 of the Negotiable Instruments Act cannot be dismissed for the absence of the complainant and ought to have passed orders on merits. He further submitted that the absence of the complainant was not intentional and that the accused was also absent on that day. 5. Having considered the submissions made by the learned counsel for the appellant, this Court is of the view that the appeal is liable to be allowed. 6. In the result, the Criminal Appeal is allowed and the judgment, dated 28.03.2008, passed by the learned Judicial Magistrate of First Class, Karimnagar, in C.C.No.437 of 2007, is set aside, and the complaint is restored to file. _____________________________ GOPALA KRISHNA TAMADA 06th April, 2010 Tsy