THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No.374 OF 2011 DATED:13.07.2011 ORDER: This Criminal Revision Case is directed against the order, dated 21.05.2010, in C.C.No.953 of 2008 on the file of the learned II Additional Judicial Magistrate of First Class, Nellore, wherein the said complaint filed by the petitioner herein against the 1st respondent under Section 138 of the Negotiable Instruments Act (for brevity, ‘the Act’), was dismissed for default. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 2nd respondent-State. Perused the records. 3. Petitioner herein filed a private complaint against the 1st respondent alleging the offence under Section 138 of the Act. The case was dismissed for default on 21.05.2010 on the ground that the complainant was absent, no representation was made and process was also not paid. 4. Learned counsel for the petitioner would submit that the complainant’s presence was not in fact required and the learned counsel appearing for the complainant was held up in another Court and could not be present when the case was called and therefore it resulted in dismissal for default. 5. The impugned order shows that there is no representation till 4.30 p.m. Though there is no justification for the complainant or his counsel to be absent through out the day, however, with a view to give an opportunity to the complainant to have the matter disposed of on merits, the interim order is set aside and consequently, the complaint stands restored. It is stated that the process has in fact been paid. If the process is already paid, the same may be spent for issuing notices. 6. Accordingly, Criminal Revision Case is allowed. _______________________ G.V.SEETHAPATHY, J 13th July, 2011. Tsy