IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P. S. NARAYANA CRIMINAL REVISION CASE No.1625 OF 2009 Between : Aytha Venkateswarlu .... Petitioner A N D The State of A.P. & another …Respondents THE HON'BLE SRI JUSTICE P.S. NARAYANA CRIMINAL REVISION CASE No.1625 OF 2009 J U D G M E N T : This Criminal Revision Case filed by the petitioner under Sections 397 and 401 of Criminal Procedure Code, 1973, is directed against the Judgment, dated 26.02.2009 in C.C. No.423 of 2007, on the file of III Additional Judicial First Class Magistrate, Kakinada. 2. This Court ordered notice to respondent No.2 on 20.10.2009. It is stated that respondent No.2 had been served. None represents for respondent No.2. 3. Heard Sri Raja Gopallavan Tayi, learned counsel representing the petitioner and learned Additional Public Prosecutor representing respondent No.1. 4. In the light of the reasons and explanation given, this Court is of the considered opinion that the dismissal of the complaint for default cannot be sustained and the same is hereby set aside to give an opportunity to the petitioner in this regard. 5. Accordingly, the order under challenge is set aside and Criminal Revision Case is allowed. ___________________ P.S. NARAYANA, J. February 22, 2010. YVL