ARAVA CHANDRA SEKHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Aggrieved by the impugned order dtd. 15/5/2023 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.

(2.) 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.

(3.) Learned Counsel for the appellant would submit that the appellant herein is complainant who filed the private complaint for the offences punishable under Sec. 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.