IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE NINETH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL REVISION CASE NO. 117 OF 2004 Between: M/s. Vasavi Financial Services Limited Represented by its Executive Hyderabad. … Revision Petitioner- Complainant V/s. M/s. Sri Kankadruga Press, Lakdikapool, Hyderabad & 2-Ors. … Respondents-Accused Counsel for the Revision Petitioner : Sri V.V.L.N. Sharma Counsel for the Respondents 1 & 2 Accused : None appeared Counsel for the Respondent No.3 : Addl. Public Prosecutor The Court made the following (Order follows next page). THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL REVISION CASE NO. 117 OF 2004 JUDGMENT : This Criminal Revision Case arises out of the order dated 13-11-2003 passed in CC.No. 1581 of 1998 by the XXIII Metropolitan Magistrate, Hyderabad, dismissing the complaint filed under section 138 of the Negotiable Instruments Act on the ground that the Executive of the complainant was not present for cross-examination on the given date. 2. Sri V.V.L.N. Sharma, the learned counsel appearing for the Revision Petitioner submits that when the matter was posted for cross- examination by PW-1 he was involved in the traffic and could not attend the Court when the matter was called. The learned counsel would further submit that the Advocate appearing for the complainant was held up in the High Court and could not make representation before the Court when the matter was called. 3. According to the learned counsel, therefore, on the said date PW-1 came late and he was absent when the matter was called and his absence is neither intentional nor want on. 4. Considering the submissions made by the learned counsel for the Revision Petitioner, I am of the view that the order passed by the learned Magistrate dismissing the complaint for default is required to be set aside to meet the requirement of justice. 5. In the result, the order dated 13-11-2003 passed in CC.No.1581 of 1998 by the XXIII Metropolitan Magistrate, Hyderabad is set aside and the complaint filed by the Revision Petitioner is restored to the file of the learned Magistrate. The learned XXIII Metropolitan Magistrate is directed to proceed with the trial of the case and dispose of the matter on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. 6. With the above direction, the Criminal Revision Case is, therefore, allowed. __________________________ JUSTICE R. KANTHA RAO. 09-09-2011 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL REVISION CASE NO. 117 OF 2004 Circulation No. 37 Date: 09-09-2011 Court Master : I s L Computer No. 43