Vempati Srinivasu vs The State Of Telangana
2023 Latest Caselaw 240 Tel

THE HON'BLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY


      CRIMINAL REVISION CASE No.3504 of 2018

JUDGMENT:

Heard learned counsel for the petitioner.

2. On perusal of the impugned order, it is evident that

Crl.M.P.No.3467 of 2015, on the file of II Addl.Chief

Metropolitan Magistrate, Hyderabad is filed to condone the

delay of 07 days in filing the complaint.

3. On 22.08.2017, the said application was dismissed

for non-prosecution.

4. Being aggrieved by the same, the petitioner has

filed this revision contending that the matter relates to

section 138 of the Negotiable Instruments Act, but, without

discussing the case on merits, the matter was dismissed for

default.

5. Considering the fact that the case was dismissed

for default, without going into merits, this matter is

remitted back to the II Additional Chief Metropolitan Magistrate, Hyderabad, by setting aside the order dated

22.08.2017 in Crl.M.P No.3467 of 2015 in C.C.SR.No.5211

of 2015 with a specific direction to the petitioner to appear

before the said Court on each date of hearing. As the

matter is still in SR stage, the petitioner/complainant

himself shall appear before the Court and the trial Court

shall hear the case and dispose it of on merits.

6. Further, Registry is directed to communicate this

order to the court below, on or before 31.01.2023 and the

petitioner shall appear before the Court below on

03.02.2023, to make his submissions.

7. In view of the above, the criminal revision case is

disposed of with the above observations.

Pending miscellaneous applications, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J

Date: 18.01.2023 Smk