THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.962 OF 2001. DATED: 05-10-2009. Between: Dr.Mahajabeen Singh @ Mrs.Shailender Singh … Appellant and 1. State of A.P. rep by Public Prosecutor, High Court, Hyderabad and another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO. 962 OF 2001. JUDGMENT: This appeal is directed against the order of acquittal of the 2nd respondent-accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, passed by the V Metropolitan Magistrate, Hyderabad, vide judgment, dated 31-12- 1999, in C.C.No.266 of 1997. 2. This appeal was admitted on 23-07-2001. Notice sent to the 2nd respondent was returned un-served with an endorsement ‘he vacated the house one year ago’. A memo was issued to the counsel for the appellant to furnish correct address of the 2nd respondent, but the counsel did not furnish the correct address of the 2nd respondent. Hence, this Court by order, dated 20-04-2009 directed the learned counsel for the appellant to take out notice personally to the 2nd respondent and file proof of service thereof within four weeks from that day, failing which the appeal stands dismissed. The said conditional order has not been complied with. Therefore, the order was given effect and consequently the appeal against the 2nd respondent was dismissed. In the absence of the 2nd respondent, the appeal cannot be determined and decided. 3. Therefore, the Criminal Appeal is dismissed for non- prosecution. --------------------- K.C.BHANU, J DATED: 05-10-2009 Hsd