THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.802 of 2009 JUDGMENT: 1 This appeal is directed against the order dated 25.02.2009 whereby the learned Additional Judicial Magistrate of I Class at Gudivada 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 the 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: “Complainant absent. No representation. As the complainant is not regularly attending before this court. Hence the complaint is dismissed for default”. 3 Though notices have been served, the respondent has not chosen to put in his appearance. 4 Now the appellant filed an affidavit stating the various circumstances under which he could not be present before the court below on the particular date. The said contentions put forth by the appellant in his 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 the CC No. 137 of 2008 is restored to its file. --------------------- kvsn 19.04.2010