IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.602 OF 1999 Between: M/s. S.Kumar & Co. ..... Complainant/Appellant AND 1. M/s. Venkata Ramana Constructions ..... Accused/Respondent 2. The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents/Respondents The Court made the following: JUDGMENT: This criminal appeal under Section 378(4) of the Cr.P.C., 1973, is directed against the order of acquittal of the first respondent/accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, in its judgment, dated 04.12.1998, in C.C.No.94 of 1997, passed by the learned VI Metropolitan Magistrate for Railways, Visakhapatnam. 2. Notice sent to the first respondent/accused has not been served. 3. Learned counsel appearing for the complainant/appellant submits that even the notice sent to a new address of the first respondent/accused was also returned unserved. Hence, he prays time to furnish the correct address of the first respondent/accused. 4. In the absence of proper service of notice to the first respondent/accused, the criminal appeal cannot be heard and decided. There is no point in keeping the criminal appeal pending for more than a decade. In spite of giving several opportunities, the learned counsel appearing for the appellant did not furnish the correct address of the first respondent/accused. 5. Therefore, the Criminal Appeal is dismissed for non-prosecution. _______________ (K.C. BHANU, J) Date: 24th August, 2009 KL