THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.692 of 2004 ORDER: 1 This revision under Sections 397 and 401 of Cr.P.C. is directed against the order dated 25.02.2004 passed by the learned X Metropolitan Magistrate Secunderabad in C.C.No.731 of 2000 whereby the learned Magistrate dismissed the said C.C. on the ground that the complainant / petitioner was absent and the process fee is also not paid. 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.731 of 2000. It appears, on 25.02.2004, as the complainant/petitioner was absent, the court below dismissed the said case by the order impugned in this revision. The said order reads as under: “Accused and complainant absent. Process fee not paid. Waited till 4.30 p.m. Complaint is dismissed U/s. 203(4) Cr.P.C. 3 Now that the petitioner explained the reasons under which he could not attend before the court below on the said date and as he expressed his willingness to pay process fee this court is of the view that one more opportunity may be given to the petitioner. 4 Accordingly, this revision is allowed, the order dated 25.02.2004 on the file of the court of the X Metropolitan Magistrate, Secunderabad in C.C.No.731 of 2000 is hereby set aside and the said C.C. is restored to its file. Having regard to the fact that the alleged offence is of the year 2000, the trial court is hereby directed to give utmost priority and decide the same at the earliest, preferably, within a period of six weeks from the date of receipt of a copy of this order. -------------- 03.02.2011 Kvsn