M/S Pennar Industries Ltd., vs The State Of Ap Rep By Its Pp Hyd., ...
2022 Latest Caselaw 4684 Tel

               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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.774 OF 2008

Dated: 15.09.2022

tk