THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1506 of 2010 JUDGMENT: This appeal is directed against the order, dated 15.12.2009, made in C.C.No.358 of 2009, whereby the learned XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad, 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.1 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 called absent, no representation. Process not paid. No representation till 4.40 PM. Complaint is dismissed for default. NBW recalled. Accused acquitted under Section 256 Cr.P.C. 3 Though notice sent to the first respondent was served, she has not put in appearance. 4 Now the appellant filed an affidavit stating the various circumstances under which he could not present before the Court below on the 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 is hereby set aside and C.C.No.358 of 2009 on the file of the XV Additional Judge-cum-XIX Additional Chief Metropolitan Magistrate, Hyderabad, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.24.11.2010. sj