THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1327 of 2004 ORDER This revision is directed against the order, dated 09.03.2004, made in C.C.No.824 of 2001, whereby the learned XV Metropolitan Magistrate, Hyderabad, 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. No representation to complaint. Accused called present. Since complainant absent today, it seems not interested to proceed with the matter even though ample time given. Hence, the complaint dismissed. 3 Though notice was sent to the first respondent on 13.07.2004, 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.824 of 2001 on the file of the XV Metropolitan Magistrate, Hyderabad, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.03.02.2011. sj