THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1573 OF 2004 ORDER: 1 Complainant is the petitioner herein and this revision is directed against the order dated 09.06.2004 passed in C.C.SR.No.5650 of 2004 on the file of the court of the Additional Judicial Magistrate of I Class, Kothagudem whereby the complaint filed by the petitioner was dismissed for default on the ground that the complainant was absent. 2 The petitioner filed the said complaint under section 138 of Negotiable Instruments Act stating that the cheque issued by the respondents was dishonoured. 3 As it is between the petitioner and the court, there is no need to issue notice to the accused / respondents and hence the usual notice to the respondents herein is dispensed with. 4 Now the petitioner has come forward stating the circumstances under which he could not attend before the court below on the particular day, this court is convinced with the said explanation and hence this court is of the view that an opportunity may be given to the petitioner and the said C.C.SR.No.5650 of 2004 can be restored to file. 5 Accordingly, this revision is allowed, the order impugned in this revision is set aside and the said C.C.SR.No.5650 of 2004 on the file of the court of the Additional Judicial Magistrate of I Class, Kothagudem is restored to its file. ----------------- Sri T.G.K, J. 17.02.2011 Kvsn