THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL REVISION CASE No.494 of 2022
JUDGMENT:
This Criminal Revision Case is filed by the petitioner seeking to set aside the docket order dated 25.06.2022 in Crl.M.P No.69 of 2022 in C.C No.01 of 2019 on the file of Principal Junior Civil Judge-cum-XX Additional Metropolitan Magistrate, Cyberabad.
2. The docket order in criminal miscellaneous petition discloses that the accused has filed petition under section 256 r/w section 258 of Cr.P.C to direct the complainant to appear physically before the Court below on the date fixed for hearing of the matter.
3. The docket order further discloses that complainant has filed complaint for the offences under Sections 138 and 142 of Negotiable Instruments Act and he was examined as PW-1 and Exs.P1 to P6 were marked on his behalf, and on behalf of accused, he was examined as DW-1 and Exs. D1 and D2 were marked. Later, the case was transferred to XXIII Metropolitan Magistrate, Athivelli and accused received summons in the month of January, 2019 for appearance and notices were sent to the complainant on 21.02.2019 and 08.04.2019, but the said notices were returned with an endorsement "Left". Therefore, the criminal miscellaneous petition was filed by the accused seeking for 2 appearance of the de facto complainant in this case. The Court, after considering the entire material, has dismissed the petition.
4. Being aggrieved by the same, the accused has preferred the present revision case.
5. It is submitted by the learned counsel for the petitioner that the de facto complainant died long back and even this court has issued notice to the available address of legal heirs of the complainant and the said notice was returned with an endorsement "no such person".
6. In view of the death of de facto complaint, this Court cannot call the de facto complainant to appear before the Court, and notices also could not be served on the legal heirs.
7. In view of the above, the present criminal revision case is closed, confirming the impugned order in Crl.M.P.No.69 of 2022, dated 25.06.2022.
Pending miscellaneous applications, if any, shall stand closed.
____________________________________ G. ANUPAMA CHAKRAVARTHY, J.
Date: 27.02.2023 Smk