N. Sree Ram Chowdary Vs B. Hari Reddy

This Criminal Appeal is preferred by the appellantcomplainant under Section 378 (4) Cr.P.C. against the judgment, dated 09-09-2009, in C.C.No.139 of 2009, on the file of the Special Judicial Magistrate of I Class for Mobile, Nellore, whereunder and whereby the complaint filed against the accused for the offence punishable under Section 138 r/w142 of the Negotiable Instruments Act, 1881 was dismissed for non-prosecution.

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2. As seen from the impugned judgment, it is clear that on 09-09-2009 as the complainant was absent, the complaint was dismissed.

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3. Learned counsel appearing for the appellant contended that originally the case was filed before the II Additional Judicial Magistrate of I Class, Nellore, that later it was transferred to Special Judicial Magistrate of I Class for Mobile, Nellore and the transfer of the case to the Mobile Court was not informed to the complainant and therefore, the complainant did not attend the Court. Hence, he prays to set aside the impugned judgment.

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4. The explanation given by the complainant for his absence on that day appears to be convincing. The absence of the complainant was neither willful or wanton. Therefore, the complainant can be given one more opportunity to prosecute his case.

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5. Accordingly, the Criminal Appeal is allowed setting aside the judgment, dated 09-09-2009, in C.C.No.139 of 2009, on the file of the Special Judicial Magistrate of I Class for Mobile, Nellore and the C.C.No.139 of 2009 is restored to its original file.

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K.C.BHANU, J

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DATED:04-02-2010 Hsd

N. Sree Ram Chowdary v. B. Hari Reddy

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N. Sree Ram Chowdary v. B. Hari Reddy

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