IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.463 OF 2003 Between: Ramesh Dhanda ..... Complainant/Appellant AND 1. Sri S.M. Kaleemullah Siddique ..... Respondent/Accused 2. The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents The Court made the following: JUDGMENT: The criminal appeal, under Section 378(5) of Cr.P.C., 1973, is directed against the judgment, dated 17.12.2002 , in C.C.No.2002 of 2009, on the file of the learned XI Metropolitan Magistrate, Secunderabad, whereunder and whereby, the accused was found not guilty for the offence under Section 138 of the Negotiable Instruments Act, 1881. 2. During the pendency of the criminal appeal, notice to the first respondent/accused has not been served. A conditional order, dated 25.06.2009, was passed by this Court, whereunder and whereby, the learned counsel appearing for the appellant was directed to furnish the correct address of the first respondent/accused within a period of four (4) weeks, failing which the criminal appeal shall stand dismissed. He has not furnished the correct address and no steps have been taken. 3. Inspite of the order, dated 07.08.2009, passed by this Court, the learned counsel appearing for the appellant has not taken the notice to the correct address of the first respondent/accused through Registered Post with Acknowledgment Due. 4. In the absence of the first respondent/accused, the criminal appeal cannot be decided and determined. 5. Therefore, the criminal appeal is dismissed for non-prosecution. _______________ (K.C. BHANU, J) Date: 8th September, 2009 KL