THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1180 OF 2002 ORDER: 1 This revision is directed against the order dated 07.08.2002 passed by the learned VXIth Metropolitan Magistrate, Nampally in Crl.M.P.No.2141 of 2001 in C.C.No.613 of 2001 whereby the learned Magistrate refused to discharge the petitioner for the offence punishable under section 138 of N.I. Act. 2 Facts in brief are that the 1st respondent herein filed a private complaint before the trial court against the petitioner herein for the offence punishable under section 138 of N.I. Act alleging that the petitioner having taken loan from the bank i.e. first respondent herein promising to pay the said amount in 35 instalments, failed to repay the same. Hence the complainant filed the complaint. During the pendency of the said proceedings, the petitioner herein who was accused in the said case filed the present application seeking to discharge him from the said case contending that the complainant has not followed the mandatory provisions in issuance of statutory notice. The complainant filed counter. The court below observing that the averments of the petitioner and the complainant cannot be decided on mere petition and counter and evidence has to be let in by both the parties and accordingly dismissed the said application. 3 Heard. 4 In my considered view, this revision cannot be entertained at this length of time for the reason that the C.C. which is of the year 2001 must have been over since this court has not granted interim stay of all further proceedings in the said C.C and accordingly this revision is dismissed. --------------- Kvsn 15.07.2010