IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH ATHYDERABAD MONDAY THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL SR.NO. 3256 OF 2011 CRIMINAL APPEAL NO. 1211 OF 2011 Between : P. Pattabhi Rami Reddy … Appellant-complainant V/s. D.Venkateswarlu & Anr. … Respondents-Accused Counsel for the Appellant : Sri A.V.S. Satish Babu Counsel for the Respondent No.1 : None appeared Counsel for the Respondent No.2: Addl.Public Prosecutor The Court made the following: (Judgment follows next page). THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL SR. NO. 3256 OF 2011 CRIMINAL APPEAL NO. 1211 OF 2011 J U D G M E N T : This Criminal Appeal is filed against the order dated 22-10-2010 passed by the V-Additional Judicial Magistrate of First Class, Nellore in C.F.No. 1276 of 2010 dismissing the complaint for default. 2. Heard Sri Ramesh Sagar, the learned counsel representing Sri A.V.S. Satish Babu for the appellant and the learned Additional Public Prosecutor representing the State. 3. The appellant filed criminal case, CF.No. 1276 of 2010 against the first respondent alleging the commission of offence punishable under section 138 of the Negotiable Instruments Act. When the case is posted for recording the sworn statement of the appellant-complainant, the appellant was absent and the learned Magistrate dismissed the complaint on the ground that the complainant was absent and there was no representation on his behalf. The learned counsel appearing for the appellant would submit that the absence of the appellant was neither intentional nor wilful, therefore and the appeal may be allowed. 4. Considering the submissions made by the learned counsel for the appellant, the order passed by the learned V- Additional Judicial Magistrate of First Class, Nellore in C.F.No. 1276 of 2010 is set aside. The Criminal Appeal is allowed. The complaint is restored to file. The learned Magistrate is directed to proceed further in the case. ________________________ JUSTICE R. KANTHA RAO. 19-09-2011 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL SR.No. 3256 OF 2011 CRIMINAL APPEAL NO. 1211 OF 2011 Circulation No. 03 Date: 19-09-2011 Court Master: I s L Computer No.43