Criminal Appeal No. 615 of 2005 · Andhra Pradesh High Court

- The appeal is filed against the acquittal of the accused for an offence punishable under Section 138 of the Negotiable Instruments Act by dismissing the complaint under Section 256 of the Criminal Procedure Code on 19.01.2005. As can be seen from the record, the case was filed in the year, 1998 for recovery of a sum of Rs.60,000/- due from the accused, who was said to be the Executive Officer of Grampanchayat. The proceedings clearly goes to show that the accused was present on

20.11.1998 and the copies were supplied to him and subsequently, the accused did not appear before the Court though the complainant was periodically attending the Court and ultimately on 21.09.2001 accused Non-Bailable Warrants were given and they were recalled on

19.10.2001. The accused was examined under Section 251 Cr.P.C., and pleaded not guilty. Subsequently, again the accused was absent on 19.06.2001 and N.B.Ws were issued. The said N.B.Ws. were pending against the accused till 27.12.2004 when he was produced before the Court and subsequently, he was released on 05.01.2005 and the matter was posted to 12.01.2005 on which date the Officer was on leave and the accused was also absent. The matter was posted to

19.01.2005 the complainant was absewnt. But, the accused was present and the Court below has dmissed the complaint on that day. As can be seen from the proceedings of the sheet it is the accused, who is responsible Officer of the Government, who was absconding for a longer time and for many adjournments, the complainant was present. That being the case, the dismissal of the complaint for the absence on a single day is not proper and the order