THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1266 of 2004 ORDER This revision is directed against the order, dated 20.04.2004, made in C.C.No.118 of 2003, whereby the learned Judicial First Class Magistrate, Rajampet, dismissed the complaint filed by the complainant on the ground that he was absent and no representation was made on his behalf. 2 Brief facts are that respondent No.1 herein issued a cheque for certain amount. On presentation of the said cheque it was bounced and after following the statutory procedure laid down under Sections 138 and 142 of the Negotiable Instruments Act, the complainant filed the complaint and as stated supra, the same was dismissed. The order impugned reads as follows: “Complainant called absent. Accused called absent. No representation for the complainant. Complaint dismissed for default. 3 Though notice was sent to the first respondent on 17.09.2004, the same is not yet returned. 4 The petitioner filed this revision stating the various circumstances under which he was not present before the Court below on the particular date. The said contentions put forth by the petitioner in the affidavit appear to be true and genuine and hence, they are accepted. 5 Accordingly, this criminal revision case is allowed and the order impugned in this revision is hereby set aside and CC No.118 of 2003 on the file of the Judicial First Class Magistrate, Rajampet, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.03.02.2011. sj