IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1082 of 2002 Between: A.G. Traders, Rep. by its proprietor Abdul Manan Abdul Rub, Aged 38 Years, Business, R/o.Nehru Park, Nizamabad. - - - Appellant/Complainant. AND 1. A.G. Sons, Shradhanand Gunj, Nizamabad, Rep. by its Proprietor Abdul Gaffar, S/o.Mohammed Bhai, Aged 45 Years, Business, Shraddananad Gunj, Nizamabad. 2. The Public Prosecutor, High Court of A.P., Hyderabad. - - - Respondents/Complainant. The Court made the following: THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1082 of 2002 JUDGMENT The Criminal Appeal under Section 378 (4) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is directed against the judgment, dated 09-04-2002, in C.C.No.803 of 1999, on the file of the learned Additional Judicial Magistrate of First Class, Nizamabad, whereunder and whereby the accused was found not guilty of the offence punishable under Section 138-A of the Negotiable Instruments Act, 1881 (for short, "the Act"). 2. This Criminal Appeal was admitted by this Court on 03-02- 2003. Notices and reminders sent to Respondent No.1 were returned un-served. Therefore, memos were issued to the learned counsel appearing for the appellant on 24-07-2003, 29-03-2007 and 08-05- 2008 respectively to furnish the correct address of the Respondent No.1, but he has not yet furnished. This Court directed the learned counsel appearing for the appellant to furnish the correct address of Respondent No.1 within a period of four weeks, failing which the Criminal Appeal stands dismissed. But at the request of the learned counsel appearing for the appellant, four weeks time was granted for furnishing the correct address of Respondent No.1. Thereafter, the learned counsel appearing for the appellant has taken a notice to the Respondent No.1 and 3. That notice has not been served and returned with an endorsement “addressee not found”. 3. This Criminal Appeal has been pending for the last ten years. The Criminal Appeal cannot be decided and determined in the absence of Respondent No.1 who is the Accused in C.C. No.803 of 1999. Therefore, the Criminal Appeal is dismissed for non- prosecution. ______________ K.C. BHANU, J Date: 20th January, 2010. DSH.