Pachunuri Venkatesham, v. Jajula Sarala Kumari, And Another,

HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL APPEAL No.260 OF 2007 JUDGMENT:

This Criminal Appeal, under Section 378(4) of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is filed by the complainant/appellant challenging the judgment dated 06-12-2006 passed in Calendar Case No.78 of 2006 by the Special Judicial Magistrate of First Class Excise at Karimnagar. Heard both sides and perused the record.

The impugned order reads as follows:

"Complainant absent. Accused present. No representation for complainant even though posted for last chance. Hence complaint dismissed."

Learned counsel for the appellant has not brought to the notice of this Court on how many occasions he was absent and the matter was posted for his appearance. The case relates to a cheque bounce and the complaint is lodged to punish the respondent/accused under Section of the Negotiable Instruments Act, 1881.

It is urged before this Court that non-appearance of the complainant was neither intentional nor deliberate. The reason for the absence of the complainant was not informed to the counsel appearing in Calendar Case. The complainant has not shown any justifiable cause for his absence on that day. As per the record of

lower Court on some other occasions also the complainant did not make his appearance. The learned Magistrate has power under Section 256 Cr.P.C. to dismiss the complaint. Therefore, it cannot be said that the impugned order is erroneous. Hence, the Criminal Appeal is dismissed confirming the order dated 06.12.2006 passed in C.C. No.78 of 2006 by the learned Special Judicial Magistrate of First Class Excise at Karimnagar. In consequence, miscellaneous petitions, if any, pending in this Appeal, shall also stand dismissed.

__________________________ Dr. SHAMEEM AKTHER, J Date: 30-11-2017.

DSH

HON'BLE Dr. JUSTICE SHAMEEM AKTHER 06122017 CRIMINAL APPEAL No.260 OF 2007 Date. 30-11-2017 DSH