THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1799 of 2004 JUDGMENT: This Criminal Revision Case is directed against the docket order, dated 10.03.2004, passed in C.C.No.374 of 1999 on the file of the Judicial Magistrate of First Class, Miryalguda, whereby the private complaint filed by the petitioner herein-complainant was dismissed on the ground that the complainant was absent. The impugned order reads as under: - “Complainant called absent and failed to take steps for execution of NBW against accused even though direction was given on the last date of adjournment. Hence, the complaint is dismissed.” The private complaint was filed by the complainant against the first respondent herein-accused alleging the offence punishable under Section 138 of Negotiable Instruments Act. From the record, it is evident that though notice was served on the accused in the Court below, he did not appear and as such, non-bailable warrants were issued against him and the same are pending. Hence, this Court is of the view that formal notice to the first respondent in this Criminal Revision Case can be dispensed with. Heard learned counsel appearing for the petitioner- complainant. As the cheque issued by the first respondent- accused, which was said to be dishonoured, was for a sum of Rs.1,70,000/-, this Court is of the view that it would be prejudicial to the complainant, if the private complaint is dismissed. Accordingly, in view of the facts and circumstances of the case, this Court is of the view that the Criminal Revision Case can be allowed. In the result, the Criminal Revision Case is allowed and the impugned order is set aside and consequently, the C.C. is restored to its file. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th February 2011 DR