THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.676 of 2010 JUDGMENT: 1 This appeal is directed against the order dated 04.03.2010 passed by the learned Judicial Magistrate of I Class, Anaparthi in C.C.No.628 of 2009 whereby the learned Magistrate dismissed the said C.C. for default and acquitted the accused / respondent. 2 The facts in brief are that the petitioner filed a complaint before the court below against the 1st respondent herein for the offence punishable under section 138 of N.I. Act and the same was numbered as C.C.No.628 of 2009. It appears, on 04.03.2010, as the complainant/petitioner was absent, the court below dismissed the said case by the order impugned in this revision. 3 As the present issue is between the petitioner and the court, this court is of the view that hearing of the 1st respondent is not necessary. Now that the petitioner explained the reasons under which the impugned order was passed, this court is of the view that one more opportunity may be given to the petitioner. 4 Accordingly, this appeal is allowed, the order dated 04.03.2010 on the file of the court of the Judicial Magistrate of I Class, Anaparthi in C.C.No.628 of 2009 is hereby set aside and the said C.C. is restored to its file for disposal in accordance with law. ---------------- 28.03.2011 Kvsn