N. Laxminarayana Goud vs The State Of Telangana And Another
2023 Latest Caselaw 974 Tel

     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

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