P. Sam Koshy, J.

1. The present revision has been preferred assailing the order dated 20.05.2016 passed in Criminal Revision No. 21/2013 by the 8th Additional Sessions Judge, Raipur. Vide the said order, the court below in exercise of its revisional power has set aside the order of JMFC, Raipur in complaint case No. 305/2009 which got dismissed for want of prosecution on 14.06.2012.

2. The relevant facts in brief is that, the respondent in the instant case had filed a complaint case against the petitioner under Section 138 of Negotiable Instruments Act (for short, the NI Act). The said complaint was filed as early as on 11.09.2008 and which was registered and notices were issued for appearance of the petitioner. Since 2008 onwards despite summons, fresh summons and bailable warrant and non bailable warrant being issued for appearance of accused person, appearance could not be effected upon. However, when the matter was listed on 14.06.2012, neither complainant appeared nor was represented through his counsel before the court below and therefore, the court below vide order dated 14.06.2012 dismissed the complainant case for want of prosecution.

3. Against dismissal of said co