THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL REVISION CASE No.1228 OF 2004 ORDER: This Criminal Revision Case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C”), is directed against the Judgment, dated 03.06.2004, in C.C.No.967 of 2003, on the file of the Additional Judicial Magistrate of First Class, Sangareddy, whereunder and whereby, the complaint filed under Section 190 read with 200 Cr.P.C. for the offence punishable under Section 142 of the Negotiable Instruments Act, 1881, was dismissed and the accused was acquitted. 2. The impugned judgment reads as follows: “Complainant absent. Accused present. This case is called at 10:30 A.M. and passover till 4 P.M. again called. Complainant not turned up. His counsel also not present. Complainant was also absent on previous adjournment and his counsel also not attending the Court. This case is posted for evidence of complainant. It seems that the complainant is not interested to proceed with the case. Hence complaint is dismissed under Section 256 Cr.P.C. Accused is acquitted.” 3. As seen from the above judgment, there are lapses on the part of the complainant in not prosecuting the case properly. Only on two occasions when the case is posted for trial, he was absent. So, one more opportunity can be given to him so as to pursue the case. Hence, the revision can be allowed on payment of costs. 4. Accordingly, the Criminal Revision Case is allowed setting aside the impugned judgment and the trial Court is directed to take the case for trial and proceed with the case in accordance with law. It is also made clear that the trial Court shall fix a date for the evidence of complainant and on that date, the complainant and his witnesses shall be present, failing which the learned Magistrate can take appropriate decision in accordance with law. In the facts and circumstances of the case, the revision petitioner is directed to pay cost of Rs.1,000/- to respondent No.2, within a period of two weeks. _______________ K.C. BHANU, J June 17, 2010 Note: Issue C.C. within three days. B/O.MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL REVISION CASE No.1228 OF 2004 Between: Sri B. Narayana .....PETITIONER AND The State of A.P. and another ....RESPONDENTS The Court made the following: