IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.474 OF 2009 Between: M/s. B.S. Gupta ..... APPELLANT/COMPLAINANT AND 1 Sri K.H. Latheef …. RESPONDENT/ACCUSED 2 The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of A.P., Hyderabad. ..... RESPONDENTS/STATE The Court made the following : JUDGMENT: The criminal appeal is directed against the judgment, dated 30.01.2009, in C.C.No.226 of 2005, on the file of the learned Chief Metropolitan Magistrate, Hyderabad, whereunder and whereby, the complaint filed for the offence under Section 138 of the Negotiable Instruments Act, 1881, was dismissed under Section 256 Cr.P.C. 2. None appeared for the 1st respondent and the notice sent to the 1st respondent has not claimed. Learned counsel appearing for the appellant/complainant contends that on one day, the complainant was absent and so, the complaint was dismissed under Section 256 of Cr.P.C. It is not a case where the appellant/complainant was not evincing any interest to prosecute the case. Hence, one more opportunity can be given to the complainant to adduce evidence. Therefore, the impugned order, dated 30.01.2009, in C.C.No.226 of 2005 is set aside. 3. Accordingly, the Criminal Appeal is allowed. ______________ K.C. BHANU, J Date: 17th August, 2009 KL