DILLY KONDA REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present appeal is filed by the appellant/complainant aggrieved by the orders passed in C.C.No.535 of 2017 on 11/4/2018, whereby the learned II Special Magistrate, Hyderabad, dismissed the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881, on the ground that the complainant is absent, no representation, process not paid and the accused is acquitted.

(2.) Learned counsel for the appellant submits that Non-Bailable Warrant (NBW) was pending against the respondent No.2/accused from 27/11/2017 onwards. He further submits that on 11/4/2018, the appellant is not appeared in the Court below and the junior counsel has wrongly noted the hearing date as 12/4/2018 instead of 6/3/2018. As such, on 6/3/2018, neither the appellant nor his counsel is present and without considering the same, the Court below passed the impugned order. He submits that the learned Judge ought not to have dismissed the application for the absence of one day, which would cause lot of hardship to the appellant. Further, for the mistake committed by the junior counsel, the party should not be made to suffer. He further submits that even if the impugned order is set aside, no prejudice would be caused to respondent No.2/accused.

(3.) This Court has permitted the appellant to take out personal notice on respondent No.2, vide order dtd. 26/3/2019. But, none appeared on behalf of respondent No.2.