THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1662 of 2011 ORDER: Petitioner – complainant approaches this Court by way of invoking the provisions under Sections 397 and 401 Cr.P.C. with a prayer to set aside the order dated 08.07.2011 in Crl.M.P.No.2067 of 2011 in C.C.No.820 of 2009 on the file of the Judicial Magistrate of First Class, Kodad, Nalgonda District. Heard both sides. The main grievance of the petitioner herein is that he filed a private complaint for an offence under Section 138 of the Negotiable Instruments Act and the same was dismissed by the learned Magistrate due to his absence before the trial Court on a particular date. The petitioner filed Crl.M.P.No.2067 of 2011 to restore the complaint for further proceedings. The learned Magistrate dismissed the same holding that the said Court has no power to restore its own order when the complaint is dismissed under Section 256 Cr.P.C. This Court is of the view that there is nothing wrong in the order passed by the learned Magistrate. The petitioner instead of preferring an appeal filed the petition erroneously before the trial Court. If the petitioner aggrieved over the order passed by the learned Magistrate in C.C.No.820 of 2009, he is at liberty to prefer an appeal against the said order. With the above observation, the Criminal Revision Case is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _________________ RAJA ELANGO, J. 16th August 2011, Note: Issue C.C.within a week. B/o. Rns.