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HIGH COURT OF ANDHRA PRADESH
Dr. Y. LAKSHMANA RAO, J
Kolla Lokanadha Rao, S/o. Venkata Swamy – Appellant
Versus
Tatiparti Venkata Reddy, S/o. Anji Reddy – Respondent
ORDER :
(Y. LAKSHMANA RAO, J.)
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.’
3. Feeling aggrieved b
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
The main legal point established in the judgment is the requirement for judicial and fair exercise of discretion by the court, the principle of natural justice, and the need to provide parties with t....
The main legal point established in the judgment is the limitation on a Magistrate's power to recall an order of dismissal of a complaint, emphasizing the need for filing a second complaint in accord....
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