THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10990 of 2011 ORDER: This Criminal Petition is filed under Section 482 of Criminal Procedure Code by the Petitioner-appellant challenging the order in C.C.No.426 of 2009 dated 14.09.2010 passed by the learned III Additional Judicial First Class Magistrate, Khammam and confirmed by the learned Sessions Judge, Khammam in Crl.R.P.No.81 of 2010, whereby the petitioner’s complaint under Section 138 of the Negotiable Instruments Act was dismissed by the Magistrate for non- payment of process fee. The same was confirmed by the revisional court. Heard. Learned counsel for the petitioner submitted that one more chance to be given to the petitioner herein since the amount involved is Rs.4.00 lakhs and further submitted that before the revisional court the counsel could not appear because of the boycott conducted by the advocates. Hence, he prayed for one more chance. Considering the facts and circumstances of the case, the order dated 14.09.2010 passed by the learned III Additional Judicial Magistrate of first Class, Khammam, dismissing the complaint filed by the petitioner herein is hereby set aside and the complaint is directed to be restored to file and the petitioner is also directed to pay a sum of Rs.5,000/-(Rupees five thousand only) towards costs to the District Legal Aid Authority, Khammam, and the petitioner is directed to produce the receipt before the Magistrate and on such production of the copy of this order along with receipt, the Magistrate is directed to restore the case and to proceed in accordance with law. With the above observation, the Criminal Petition is disposed of. The Miscellaneous Petitions, if any, filed along with this Criminal Petition shall stand closed. __________________ JUSTICE RAJA ELANGO 9th November 2011 Rns