THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1507 of 2010 JUDGMENT: This appeal is directed against the order, dated 27.07.2010, made in C.C.No.183 of 2010, whereby the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District, dismissed the complaint filed by the complainant on the ground that he was absent and no representation was made on his behalf. 2 Brief facts are that respondent No.2 herein issued a cheque for certain amount. On presentation of the said cheque it was bounced and after following the statutory procedure laid down under Sections 138 and 142 of the Negotiable Instruments Act, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “The case was called on for hearing today to which it had been adjourned. Complainant absent. Petition under Section 256 Cr.P.C. is filed to condone the absence by stating that he is suffering from fever. Inspite of directions of this Court, the complainant failed to appear before this Court in the last adjournment to proceed with the trial. In last occasions his absence condoned on petition. But considering the representation made by both parties that the compromise talks are going on this matter adjourned today i.e., after one week. Today, accused is present. On perusal of petition, dated 13.07.2010 goes to show that the complainant absent because of fever only. Today also petition filed by narrating the same reason but no documents are filed in support of his contention. When the matter posted with a condition that last chance the complainant must come with a cogent and tenable ground for his absence or to proceed with the trial. In view of the above circumstances, I have not find any reason to adjourn this matter for one more time. It is not desirable to do so also. Hence, this complaint is dismissed for default under Section 256 Cr.P.C”. 3. Notices sent to the second respondent were served and Sri N. Siva Reddy, learned counsel, filed vakalat on behalf of the second respondent. 4. Now the appellant filed an affidavit stating the various circumstances under which he was not present before the Court below on that particular date. The said contentions put forth by the appellant in the affidavit appear to be true and genuine and hence, they are accepted. 5. Accordingly, this appeal is allowed and the order impugned in this appeal is hereby set aside and CC No.183 of 2010 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Ramachandrapuram, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.24.11.2010. sj