Kalanjali Digital Studio v. V.Rajender

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.2776 of 2015 ORDER :

The petitioner preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the docket order dated 23-10-2015 passed in C.C.No.224 of 2015 by the XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Erramanzil, Hyderabad, whereby and whereunder the learned trial Judge dismissed the complaint for default for non-appearance of the petitioner and acquitted the accused under Section 256(1) Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act.

Having heard the learned counsel for the revision petitioner and the learned Additional Public Prosecutor and having perused the material available on record, this Court is of the view that one more chance can be given to the petitioner to make his submissions before the Court below.

Considering the facts and circumstances of the case, the impugned order is hereby set aside and the trial Court is directed to restore C.C. on file and pass appropriate orders after hearing the petitioner herein.

Accordingly, the Criminal Revision Case is disposed of. Consequently, Miscellaneous Petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO

17th December, 2015 skmr