THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1274 of 2004 ORDER This revision is directed against the order, dated 13.04.2004, made in C.C.No.976 of 2002, whereby the learned XV Metropolitan Magistrate, Hyderabad, dismissed the complaint filed by the complainant on the ground that she was absent and no representation was made on her 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 today and last hearing date. Process not deposited to issue summons to accused as per previous hearing date. Complaint dismissed. 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 she 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.976 of 2002 on the file of the XV Metropolitan Magistrate, Hyderabad, is restored to its file. __________________________ GOPALA KRISHNA TAMADA,J Date.03.02.2011. sj