IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.5088 OF 2009 Between: Yerra Basavaiah …Petitioner A n d Duggineni Ajay Kumar and and another ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.5088 OF 2009 ORDER: This petition is directed against the order dated 02.03.2009 in unnumbered criminal revision petition of 2008, on the file of the Principal Sessions Judge, Khammam, wherein the said petition was rejected, as the petitioner and his counsel were absent when called. 2. Heard. 3. The petitioner herein filed a private complaint against the 1st respondent before the II-Additional Judicial Magistrate of the First Class, Khammam, alleging offences under Sections 138 and 142 of the Negotiable Instruments Act. The said complaint was dismissed even before it was numbered on 20.02.2008 under Section 256 Cr.P.C on the ground that the complainant was absent. The criminal revision petition filed by the complainant was also dismissed on the same ground. The learned counsel for the petitioner would submit that the absence of the complainant was not wanton or deliberate but it was occasioned due to a bona fide mistake in noting the date by the advocate’s clerk. 4. In view of the said submission and as the complaint was dismissed at the threshold stage even before it was numbered, it is considered that an opportunity can be given to the complainant to have his matter considered on merits by the trial Court. The trial Court is, however, at liberty to pass appropriate orders if the complainant does not evince any interest in prosecuting the complaint. The complainant is directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and seek further directions in the matter from the trial Court. The impugned order is accordingly set aside. 5. The criminal petition is allowed accordingly as stated above. ____________________ G.V.SEETHAPATHY, J 24th November, 2011 Note: CC in two days. Lrkm