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2023 Supreme(Telangana) 142

A. SANTHOSH REDDY
Vijayendra Jain – Appellant
Versus
B. Swarnalatha Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vedula Srinivas.
For the Respondent: M. Praveen Kumar.

ORDER :

1. This civil revision petition under Article 227 of the Constitution of India is directed against the order dated 01.05.2018 in I.A.No.969 of 2017 in O.S.No.452 of 2016, on the file of the I Senior Civil Judge, City Civil Court, Hyderabad, wherein the said application filed by the petitioner herein (defendant) under Order VII Rule 11(d) CPC seeking rejection of plaint, was dismissed.

2. Heard the learned counsel for the petitioner. None appears for the respondent despite service of notice. Perused the record.

3. The revision petitioner is defendant in a suit filed by the respondent-plaintiff in O.S.No.452 of 2016 for malicious prosecution. It is alleged by the respondent in the suit that the petitioner filed a complaint against her under Section 138 of the Negotiable Instruments Act in C.C.No.135 of 2011, on the file of the XIX Additional Chief Metropolitan Magistrate, Hyderabad and the same ended in acquittal on 17.02.2012. Thereafter, the petitioner preferred Crl.A.No.276 of 2012 before the VII-Additional Metropolitan Sessions Judge, Nampally and the same was dismissed by judgment dated 18.09.2015 and the respondent-plaintiff was acquitted. It is stated in the complaint

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