THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1800 of 2004 JUDGMENT: This Criminal Revision Case is directed against the docket order, dated 10.03.2004, passed in C.C.No.81 of 2000 on the file of the Judicial Magistrate of First Class, Miryalguda, whereby the complaint filed by the petitioner herein-complainant was dismissed on the ground that the complainant was absent. The impugned order reads as under: - “Complainant 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.” Heard learned counsel appearing for the petitioner- complainant. The private complaint was filed by the complainant against the accused alleging the offence punishable under Section 138 of the 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- accused in this Criminal Revision Case can be dispensed with. Hence, in view of the facts and circumstances of the case, this Court is of the view that one more opportunity can be given to the complainant for taking steps for execution of warrant against the first respondent-accused. Accordingly, 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