THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1747 of 2004 JUDGMENT: This Criminal Revision Case is directed against the docket order, dated 06.08.2004, passed in C.C. (SR).No.13380 of 2003 on the file of the XXIII Metropolitan Magistrate, Hyderabad, whereby the private 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. This case is coming for the sworn statement of the complainant. No representation. This case is of the year 2003. This clearly shows that complainant is not interested in this case. Hence, the complaint is dismissed.” When the matter is taken up for hearing, learned counsel for the petitioner submitted that as the complainant was suffering from viral fever, he could not attend the Court below on the said date and prayed this Court to give one more opportunity for the complainant. 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 Negotiable Instruments Act. From a perusal of the relevant material on record, it is clear that the cheques given by the accused, which were alleged to be dishonoured, were for a substantial amount of Rs.5,54,864/-. Hence, this Court is inclined to give one more opportunity to the complainant for recording his sworn statement and for further steps to be taken in the said C.C. before the Court below in accordance with law. In view of the same, this Court is of the view that formal notice to respondents 1 to 3-accused can be dispensed with in the present Revision Case. For the foregoing reason, this Criminal Revision Case is allowed and the impugned order is set aside, and consequently, the said C.C. is restored to its file. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th February 2011 DR