1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2011 CORAM THE HONOURABLE MR.JUSTICE S.PALANIVELU Crl.R.C.(MD) No.205 of 2011 N.Pavalamuthu , through his power agent Kaliammal,Virudhunagar District. ... Petitioner Vs N.Rani ... Respondent Criminal Revision Case is filed under Sections 397 read with 401 of the Criminal Procedure Code, praying to set aside the order passed by the learned Judicial Magistrate No.II, Srivilliputhoor, Virudhunagar District in C.C.No.390 of 2006 dated 21.01.2011 for the offences under Sections 138 and 148 of Negoitable Instruments Act. For Petitioner : Mr.K.Jeganathan O R D E R The petitioner is the complainant in C.C.No.390 of 2006 on the file of the learned Judicial Magistrate No.II, Srivilliputtur. In view of his absence, NBW was passed and the same was pending. On 21.01.2011, for the absence of the complainant, namely, this petitioner, the Court below dismissed the petition under Section 204 Cr.P.C, observing that the complainant is continuously absent for a long time; that NBW was pending against the accused; that process not paid to execute the warrant and that the complainant is not willing to proceed the case. 2. It is well settled that if the learned Judicial Magistrate intends to dismiss the private complaint for the absence of the complainant, he has to issue notice to the complainant and thereafter, he has to pass orders. In view of this court, one more opportunity may be accorded to the complainant to take appropriate steps before the Court below. Hence, this revision petitioner deserves to be allowed. In the result, the criminal revision petition is allowed. Sd/- Deputy Registrar (W) /True Copy/ Assistant Registrar To: The Judicial Magistrate No.II, Srivilliputhoor,Virudhunagar District ssm : GH : 28.07.2011 : 1p/2c Crl.R.C.(MD) No.205 of 2011 https://hcservices.ecourts.gov.in/hcservices/