HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.273 of 2001 DATE:19.03.2010 Between: MU-VA-Co. Textiles represented by its proprietor, Pudupet village, Nagari Mandal, Chittoor District. … Petitioner And Srisairam Textiles, represented by its Proprietor, Mangalagiri, Guntur District and others … Respondents HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.273 of 2001 JUDGMENT: This revision is directed against the order, dated 05.12.2000, in C.F.No.3053 of 2000 in un-numbered C.C. of 2000, passed by the learned Judicial Magistrate of First Class, Nagari, dismissing the un- numbered complaint on the ground of non-appearance of the petitioner- complainant. 2. Heard both sides. 3. The learned counsel for the petitioner-complainant has submitted that after recording the statement of the complainant, the learned Magistrate ought to have ordered issuance of summons to the accused- respondents 1 and 2 herein. Instead of doing so, the learned Magistrate dismissed the un-numbered complaint on the ground that the complainant was absent when the matter was called, though his presence is not essential on the date of hearing. In fact, due to fever, the complainant appeared before the court below at about 10.45 a.m. on the date of hearing, but, by that time, the court below dismissed the un- numbered complaint on the ground of non-appearance of the complainant. Therefore, he prays to allow the revision. 4. As seen from the record, it is clear that the complainant filed a complaint before the Judicial Magistrate of First Class, Nagari, against the respondents 1 and 2 herein on 20.11.2000, and subsequently, the learned Magistrate recorded the sworn statement of the complainant. Therefore, the court below instead of dismissing the un-numbered complaint, should have ordered issuance of summons to the accused on the date of hearing, since the presence of the complainant is nominal. In the light of the same and having regard to the fact that the complaint was filed against the respondents 1 and 2 herein for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, this Court is of the view that the impugned order is liable to be set aside. 5. In the result, the criminal revision case is allowed and the order dated 05.12.2000 passed by the learned Judicial Magistrate of First Class, Nagari, in C.F.No.3053 of 2000 in un-numbered C.C. of 2000, is set aside and the un-numbered complaint is restored to file. ______________________ GOPALA KRISHNA TAMADA 19th March, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.273 of 2001 (Allowed) Date:19-03-2010 CBS