THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1061 of 2004 ORDER: 1 This revision under Sections 397 and 401 of Cr.P.C. is directed against the order dated 27.02.2004 passed by the learned Judicial Magistrate of I Class, Sathupally in Crl.M.P.No.358 of 2004 in C.C.No.1590 of 2003 whereby the learned Magistrate dismissed the petition filed under section 256 of Cr.P.C. filed for condonation of the absence of the petitioner before the court. 2 The facts in brief are that the petitioner filed a complaint before the court below against the 1st respondent herein for the offences punishable under section 138 of N.I. Act and the same was numbered as C.C.No.1590 of 2003. It appears, on 20.02.2004, as the complainant/petitioner was absent, the court below condoned his absence on a petition filed under section 256 of Cr.P.C. and posted the matter to 27.02.2004. Again on 27.02.2004 the petitioner was absent, but to condone his absence, the counsel representing the petitioner filed a petition under section 256 of Cr.P.C. But on two occasions, the 1st respondent-accused was present before the court below. In those circumstances the trial court dismissed the said Crl.M.P.No.358 of 2004. Consequent upon the dismissal of the said petition, the main C.C.No.1590 of 2003 was dismissed for default. 3 As it is between the court and the petitioner, this court is dispensing with the usual notice to the 1st respondent-accused. 4 The petitioner explained the reasons under which he could not attend before the court below on the said date and this court is convinced with the said explanation. 5 Accordingly, this revision is allowed, the order dated 27.02.2004 on the file of the court of the Judicial Magistrate of I Class, Sathupalli in Crl.M.P.No.358 of 2004 is set aside and the said C.C.No.1590 of 2003 is restored to its file. -------------- 03.02.2011 Kvsn