Hari Prasad Goud v. The State Of Telangana

HON'BLE SRI JUSTICE P. KESHAVA RAO CRIMINAL REVISION CASE No.1075 of 2018 ORDER:

Heard the learned counsel for the petitioner. The present criminal revision case is filed against the orders dated 13.03.2018 passed in Crl.M.P.S.R.No.1023 of 2018 on the administrative side returning the petition filed under Section 320 Cr.P.C. read with Sections 138 and 147 of the Negotiable Instruments Act to compound the offence under Section 138 of the said Act on the file of the XIX Additional Chief Metropolitan Magistrate, City Civil Court, Secunderabad.

A perusal of the impugned order would indicate that the endorsement made on 13.03.2018 is on the administrative side and the same was endorsed by the Presiding Officer of the concerned Court. The reason for returning the said petition is non-issuance of notice to the complainant. At any stretch of imagination it cannot be construed that the petition has been returned on the judicial side. Therefore, the criminal revision case filed against the said endorsement is not maintainable. There are no merits in the revision case and the same is liable to be dismissed.

Accordingly, the criminal revision case is dismissed. However, the petitioner is given liberty to file a fresh application in that regard. In such an event, the Court below is directed to pass appropriate orders as per law.

Miscellaneous petitions, if any, shall also stand dismissed.

_____________________ P. KESHAVA RAO, J Date: 19.06.2018.

ES