Order:

This Criminal Revision Case has been filed against the judgment, dated 24.01.2023, passed in C.C.No.2 of 2020 by the learned Additional Judicial Magistrate of First Class, Chirala.

2. A private complaint has been filed as against the second respondent herein in CC No.2 of 2020 on the file of the learned Additional Judicial Magistrate of First Class, Chirala, for the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Magistrate, dismissed the said complaint, by way of a judgment, dated 24.01.2023, which reads thus.

“Complainant called absent. No representation.

Batta process not paid since three years and no representation. Hence, this complaint is dismissed for default.”

3. Against the said order, the present Criminal Revision Case came to be filed by the complainant.

4. Learned counsel for the petitioner/complainant submits that the learned Magistrate ought not to have dismissed the complaint for absence of the complainant on one day.

5. The Hon’ble Supreme Court in the case of Mohd. Azeem Vs.

A. Venkatesh and another 1, held,

1 (2002) 7 Supreme Court Cases 726

“In our opinion, the learned Magistrate and the High Court have adopted a very strict and u