THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
Criminal Revision Case No.1506 of 2008
ORDER:
This Criminal Revision Case, under Sections 397 and 401 Cr.P.C is filed by the petitioner/appellant/accused, aggrieved by the judgment dated 03.10.2008 passed in Criminal Appeal No.37 of 2008 by the learned V Additional Metropolitan Sessions Judge (Mahila Court) at Hyderabad, wherein the Court below dismissed the appeal confirming the conviction and sentence recorded against the petitioner/appellant/accused of the offence under Section 138 of N.I.Act vide judgment dated 22.01.2008 passed in C.C.No.623 of 2006 by the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad.
2. There is no representation for the petitioner/accused.
3. Heard the learned Public Prosecutor for the State and perused the record.
4. As seen from the material placed on record, the complainant filed private complaint under Section 200 Cr.P.C against the petitioner/accused for the offence punishable under Section 138 of N.I. Act, and the same was registered as 2 C.C.No.623 of 2006. The trial Court vide judgment dated 22.01.2008 convicted the petitioner/accused for the offence punishable under Section 138 IPC and sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.5,000/-, in default, to suffer Simple Imprisonment for a period of 30 days. Challenging the same, the petitioner/accused preferred Criminal Appeal No.37 of 2008 before the Court below. The Court below vide impugned judgment dated 22.01.2008 dismissed the appeal. Aggrieved by the same, the petitioner/ accused preferred this Criminal Revision Case, without making the complainant as party respondent.
5. This Court vide order dated 17.06.2022 was pleased to direct the petitioner/accused to implead the complainant as party respondent in this Criminal Revision Case. But till date, the said order has not been complied by the petitioner/accused. On last occasion i.e, on 15.07.2022, there was no representation for the petitioner. Today also, there is no representation for the petitioner.
6. The complainant is a necessary party to proceed in this Criminal Revision Case. On this ground, this Criminal Revision Case is liable to dismissed.
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7. Accordingly, this Criminal Revision Case is dismissed as not maintainable. The suspension of sentence of imprisonment granted in favour of the petitioner/accused vide order, dated 14.10.2008, passed in Crl.R.C.M.P.No.2060 of 2008 in Crl.R.C.No.1506 of 2008 was revoked by this Court vide order dated 22.04.2022. The learned XIV Additional Chief Metropolitan Magistrate, Hyderabad, is directed to issue Non-Bailable Warrant against the petitioner/accused to enforce the sentence of imprisonment imposed against him vide judgment dated 22.01.2008 passed in C.C.No.623 of 2006.
Miscellaneous Petitions, if any, pending in this revision, shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 04.08.2022 scs