THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE NO.253 OF 2011 ORDER: This Criminal Revision Case is directed against the order dated 12.10.2010 in C.F.No.2961 of 2010 on the file of the V Additional Judicial Magistrate of First Class, Nellore, wherein, the said complaint filed by the petitioner herein against the second respondent alleging the offence under Section 138 of the Negotiable Instruments Act, 1881 {“the Act” for brevity}, was dismissed for default. Heard the learned counsel for the petitioner. None appeared for the second respondent. The petitioner herein filed a private complaint against the second respondent alleging the offence under Section 138 of the Act. According to the petitioner, the complaint was dismissed at the threshold without giving any opportunity to him. Learned counsel for the petitioner submits that on 12.10.2010, when the matter stood posted before the trial Court, the petitioner could not appear due to ill health and an opportunity may be given to the petitioner to prosecute the matter. In the said circumstances of the case, the order impugned is set aside and consequently, the complaint stands restored to file. The trial Court shall proceed with the matter in accordance with law. The Criminal Revision Case is, accordingly, disposed of. ___________________ (G.V.SEETHAPATHY, J) 6th July 2011 RRB