HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.774 OF 2008
JUDGMENT:
1. This Criminal Appeal is filed by the Appellant/complainant aggrieved by the order dt.26.03.2008 passed in C.C.No.695/2004 by the XIV Additional Chief Metropolitan Magistrate at Hyderabad, wherein and whereby the Court below dismissed the complaint filed by the appellant/complainant under Section 138 of the Negotiable Instruments Act.
2. The learned Magistrate dismissed the complaint filed by the appellant on the ground that there was no representation on behalf of complaint and that batta was also not paid. Since the complainant was called absent, the learned Magistrate having waited till 4.00 P.M., dismissed the complaint for non-prosecution under Section 204(4) of Cr.P.C. on the same day i.e. on 26.03.2008.
3. In cases under Section 138 of the Negotiable Instruments Act, it is for the complainant to diligently prosecute his case and in the absence of such prosecution, diligently, the Court is bound to act either under Section 256 of Cr.P.C. dismissing the complaint or under Section 204(4) of Cr.P.C., if the 'batta' was not paid. 2
4. In the said circumstances, I find no infirmity in the order passed by the learned Magistrate in C.C.No.695 of 2004, dt.23.06.2008.
5. Accordingly, the Criminal Appeal is dismissed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 15.09.2022 tk 3 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.774 OF 2008 Dated: 15.09.2022 tk 4