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Judgment
Venkata Jyothirmai Pratapa, J
Aggrieved by the impugned order dated 15.05.2023 passed in C.C.No.1127 of 2021 on the file of II Additional Judicial Magistrate of First Class, Kakinada dismissing the case for default thereby acquitting the Accused.
Heard Sri Kona NDV Ramana Rao, learned counsel for the appellant, Sri K.J.V.N. Pundareekakshudu, learned counsel for the respondent No.2 through Video Conference and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
Learned Counsel for the appellant would submit that the appellant herein is complainant who filed the private complaint for the offences punishable under Section 138 of N.I. Act against the respondent No.2. Complainant could not appear before the court at a given date due to ill health. A petition has been filed by their counsel on record. Learned Judge dismissed the said petition stating that details of the ill health are not mentioned in the petition. Learned counsel would further submit that a fair opportunity should be given to the complainant to prosecute his complaint. The complainant is a diligent person.
Per contra, learned counsel for the respondent No.2 opposed the appeal.
Considering the submissions made and a fair look at the impugned judgment as rightly put by the learned counsel for the appellant, learned trial judge dismissed the complaint for the reason that details of the ill health are not mentioned in the absent petition. In that view, a fair opportunity should be given to the complainant to prosecute this case.
In the result, the appeal is allowed. The impugned judgment is set aside. The C.C.No.1127 of 2021 is restored to the file of II Additional Judicial Magistrate of First Class, Kakinada. Learned counsels of both parties are directed to instruct their parties to appear before the trial court on 06.12.2024 without fail. Learned trial judge need not issue any notice to the parties. Learned trial judge is requested to dispose of the case as expeditiously as possible without granting any adjournment in a casual way by mere asking. Registry is directed to send back the file forthwith.
Consequently, miscellaneous petitions, pending if any, shall stand closed.