IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD THURSDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.8197 OF 2008 Between: K.Nagender Reddy and another …Petitioners A n d The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.8197 OF 2008 ORDER: This criminal petition is filed under Section 482 Cr.P.C., for setting aside the order dated 15.10.2008 in Criminal Revision Petition No.72 of 2006, on the file of the Additional Metropolitan Sessions Judge, Cyberabad, at L.B.Nagar. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the 1st respondent/State. None appeared for the 2nd respondent/complainant. Perused the record. 3. The petitioners herein/A-1 and A-2 are facing prosecution for the offence under Section 138 of the Negotiable Instruments Act. The petitioners filed Crl.M.P.No.4677 of 2006 under Section 300 Cr.P.C seeking discharge on the ground that earlier they were prosecuted for the offences under Sections 406 and 420 IPC and Section 5 of the A.P. Protection of Depositors of Financial Establishment Act, 1999 arising out of the same set of facts and the present application amounts to double jeopardy. By order dated 27.09.2006, the learned Magistrate dismissed the said application. Aggrieved by the same, the petitioners filed revision in Crl.R.P.No.72 of 2006. By the impugned order dated 15.10.2008, the learned Additional Metropolitan Sessions Judge, dismissed the revision petition for non- prosecution on the ground that the revision petitioner was absent and no representation was made on his behalf. The learned counsel for the petitioners would seek an opportunity of hearing to the revision petitioner so that that the same can be disposed of on merits. 4. Having regard to the nature of the relief preyed for, which is to be considered on merits, it is held that an opportunity can be given to the petitioners for hearing of the revision on merits. In that view of the matter, the impugned order is set aside and the learned Additional Metropolitan Sessions Judge, Cyberabad is directed to dispose of the matter on merits, after giving opportunity of hearing to both sides. 5. In the result, the criminal petition is ordered accordingly. ____________________ G.V.SEETHAPATHY, J 15th December, 2011 Lrkm