Mrs. Vasam Ramana Bai, vs Sri Karmathulla Khan,
2022 Latest Caselaw 3645 Tel

           HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No. 493 of 2007


JUDGMENT:

1. The present appeal is filed aggrieved by the dismissal of the

complaint under Section 256 of Cr.P.C, which complaint was filed

under Section 200 Cr.P.C vide order dated 21.02.2007 in

C.C.No.121 of 2005 by Judicial Magistrate of First Class,

Sangareddy.

2. Learned Magistrate passed the following order:

"Complainant and accused absent. No representation for complainant. On the last occasion also complainant is absent. No progress regarding execution of N.B.W is reported. The complainant is not evincing any interest in prosecuting her case. Hence the complaint is dismissed under Section 256 Cr.P.C and the accused is accordingly acquitted."

3. As seen from the order of the learned Magistrate, the

complainant and the accused were absent and there was no

representation. Further, on the previous dates also complainant

was absent. Though, Non Bailable Warrants were pending, they

were not executed and it is for the complainant to pay the process

fee to execute the said Non-Bailable Warrant.

4. In the circumstances, when both the complainant and the

accused were absent and the complainant is not evincing any

interest in prosecuting the case by being continuously absent, the

learned Magistrate had no other option, but to dismiss the

complaint, which he has rightly done.

5. It is apparent from the record that it was not a sole instance,

but continuous absence, which resulted in dismissal of the

complaint. Complaint under Section 138 of Negotiable

Instruments Act, 1881 is a private complaint, it is for the

complainant to prosecute his case before the Court and after filing

of complaint, when he failed to appear before the Court, it is liable

to be dismissed under Section 256 of Cr.P.C. The reasoning given

for dismissal of the complaint by the learned Magistrate is cogent,

as such, needs no interference.

6. Accordingly, the Criminal Appeal is dismissed. As a sequel

thereto, miscellaneous applications, if any, shall stands closed.

________________

K.SURENDER, J Date: 12.07.2022 kvs

HONOURABLE SRI JUSTICE K.SURENDER

Criminal Appeal No.493 OF 2007

Date:12.07.2022

kvs