IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1341 OF 2009 Between: Nayak Aviation Services (P) Ltd. ..... Appellant/Complainant AND 1. The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondent/Respondent 2. Ramarao Dhanu Rathod ..... Accused/Respondent The Court made the following: JUDGMENT: The criminal appeal under Section 378(3) & (1) of Cr.P.C., 1973, is directed against the order, dated 08.04.2008, in C.C.No.1690 of 2005, on the file of the learned XI Additional Chief Metropolitan Magistrate, Secunderabad, whereunder and whereby, the complaint was dismissed under Section 256 Cr.P.C. as there was no representation. 2. Learned counsel appearing for the appellant contended that the impugned order, dated 08.04.2008, does not indicate any reasons for dismissal of the complaint except saying that both the parties were absent. 3. It is not known whether the absence of the complainant was wanton or willful. The impugned order, dated 08.04.2008, does not indicate that on earlier occasions, the complainant was absent. It is not stated that the presence of the complainant is absolutely necessary for the progress of the case. 3. Therefore, the impugned order, dated 08.04.2008, is set aside and the case is restored to file. The learned XI Additional Chief Metropolitan Magistrate, Secunderabad, is directed to dispose of the case within a period of four months from the date of receipt of a copy of this order and the complainant shall produce the witnesses on the date so fixed after issuing notice to the accused. 4. Accordingly, the Criminal Appeal is allowed. ______________ K.C. BHANU, J Date: 25th August, 2009 KL