THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1855 OF 2010 ORDER: 1 This revision is directed against the judgment dated 31.05.2010 made in C.C.No.285 of 2009 whereby the learned Judicial Magistrate of I Class for Special Mobile, Nellore dismissed the complaint filed by the complainant for default. 2 Brief facts are that the petitioner being the complainant filed a complaint before the court below for the alleged offence punishable under section 138 of Negotiable Instruments Act against the first respondent herein contending that in discharge of the amounts which he fell due to the petitioner herein in business transaction, the first respondent issued a cheque for Rs.1,80,000/- vide cheque bearing No.942792 dated 10.09.2007 drawn on I.C.I.C.I. Bank, Laxmipuram Branch, Main Road, Guntur and the petitioner presented the said cheque for collection, but, however, the same was dishonoured. After following the due procedure laid down under law, the petitioner filed the complaint before the court below. 3. After following the due procedure, the court below has taken cognizance of the said case and numbered the same as C.C.No.285 of 2009. However, on 31.05.2010 as the petitioner was absent, the court below dismissed the complaint The said order dated 31.05.2010 reads as under: “Complainant called absent. No representation. Though conditional orders are passed the complainant did not appear before the court to prosecute the case. It seems that the complainant has no intention to proceed with the case. Therefore, I find no reason to adjourn the matter without any representation from the complainant. Hence the Complaint is dismissed for default.” 4 The learned counsel for the petitioner submitted that though the complainant requested his counsel in the court below to file an appropriate application for dispense with his personal appearance the was not filed and in those circumstances, the court below dismissed his complaint for default. Hence, he requested this court to give an opportunity to the petitioner for prosecuting the case. The said contentions put forth by the counsel for the petitioner appear to be true and genuine and hence they are accepted. 5 Accordingly, this appeal is allowed and the order impugned in this revision is hereby set aside and the C.C.No.285 of 2009 on the file of the court of the Judicial Magistrate of I Class for Special Mobile, Nellore is restored to its file. ----------------- kvsn 25.01.2011