THE HON’BLE MR JUSTICE R. KANTHA RAO CRL.P. NO.2509 OF 2008 Date:17.06.2010 Between: G.H.B. Sucheritha …Petitioner And/- N. Manoja and another …Respondents THE HON’BLE MR JUSTICE R. KANTHA RAO CRL.P. NO.2509 OF 2008 ORDER: This criminal petition is filed under Section 482 of the Criminal Procedure Code to call for the records and quash the order dated 08.04.2008 in Crl.R.P.No.129 of 2007 passed by the Metropolitan Sessions Judge, Vijayawada confirming the order passed by the I Additional Chief Metropolitan Magistrate, Vijayawada in C.C.No. 891 of 2006. I have heard Sri G.L.Nageswar Rao, learned counsel appearing for the petitioner and the learned Public Prosecutor representing the State. The petitioner filed a complaint under Section 138 of N.I.Act against the first respondent and on the appointed day he was absent in C.C.No.891 of 2006 and that the learned Magistrate by taking into consideration of pendency of NBW against the first respondent–accused owing to the petitioner’s (complainant) conduct in not evincing any interest in prosecuting the case, as he did not pay the process fee since long time, acquitted the accused under Section 256(1) and 204(4) Cr.P.C. The learned Metropolitan Sessions Judge, who had dealt with the criminal revision petition considering the conduct of the petitioner for not evincing any interest in prosecuting the complaint, concurred with the finding arrived at by the learned Magistrate and dismissed the petition. Challenging the said order of the Metropolitan Sessions Judge, Vijayawada, the petitioner filed the present criminal petition. The learned counsel appearing for the petitioner would submit that in fact, against the order of acquittal recorded by the learned Magistrate in C.C.No.891 of 2006 which is a summons case, an appeal lies, but not revision which was filed under mistaken notion, an opportunity may be afforded to pay process fee and the criminal petition may be allowed. I absolutely see no merit in the contention urged. It is the petitioner who erroneously filed the revision petition and invited a finding and he shall not be allowed to take advantage of his own laches. The Criminal petition therefore, in my view is not at all maintainable. Accordingly, the criminal petition is dismissed. ________________ Date: 17.06.2010 R. KANTHA RAO, J Kvrm THE HON’BLE MR JUSTICE R. KANTHA RAO CRL.P. NO.2509 OF 2008 Date:17.06.2010