The Revision has been preferred under Sections 397 and 401 of Code
of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C’) challenging the order
passed by the learned Additional Judicial Magistrate First Class, Addanki in
Crl.M.P.No.186 of 2009 in C.C.No.208 of 2007 dated 30.12.2008, whereby
and whereunder the miscellaneous petition filed for restoration of C.C.No.208
of 2007 on to the file, was dismissed.
2. The revisionist being the complainant filed a complaint under Section
190 read with 200 of ‘the Cr.P.C.,’ for the alleged offence under Section 138 of
the Negotiable Instruments Act, 1881 (for short ‘the Act’). It was the case of
the revisionist that the respondent No.1/accused issued two cheques for an
amount of Rs.2,00,000/- and Rs.1,00,000/- respectively, for discharge of
legally enforceable debt. The learned Magistrate in the course of the enquiry
having waited for several times for the presence of the complainant, ultimately,
on 30.12.2008, dismissed the complaint for want of the presence of the
revisionist for default/non-prosecution of the complaint and the respondent
No.1 was discharged under Section 249 of ‘the Cr.P.C.’
