HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.973 OF 2010 DATE:03.08.2010 Between: A. Shoba Rani …… Petitioner. And: V. Durga Rani and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.973 OF 2010 JUDGMENT: 1. The complainant filed this appeal against order dated 25.11.2009 passed by the II Metropolitan Magistrate, Cyberabad at Lal Bahadoor Nagar in C.C.No.289 of 2009 dismissing the complaint for default. The case in the lower court is of the year 2009 only. Even few months thereafter, the lower court resorted to dismissal of this complaint for absence of the complainant. No doubt, on all the previous occasions also the complainant was absent, but the complainant was prompt enough to file petitions on every date of adjournment to condone his absence. On the date of the impugned order, the accused was also absent. C.C.No.289 of 2009 is one filed alleging offence punishable under Section 138 of the Negotiable Instruments Act against the 1st respondent/accused. On the date of the impugned order, absence of the petitioner did not cause any hindrance to progress of the case. The only lapse on the part of the complainant is that no petition to condone his absence was filed on that day. In the circumstances, this Court is of the opinion that another opportunity has to be given to the complainant to pursue his case in the lower court. 2. In the result, the appeal is allowed restoring C.C.No.289 of 2009 to the file of the lower court on condition of the petitioner paying Rs.2,000/- (Rupees two thousand only) to the District Legal Services Authority, Ranga Reddy District on or before 03.09.2010; and in default this order shall stand set aside automatically. No further extension of time will be granted. The lower court is directed to dispose of the case according to law. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:03.08.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.973 OF 2010 Date:03.08.2010 Gk.