ORDER

B. Sasi Mahendran, J.

The Accused-Petitioner-Petitioner (hereinafter referred to as "the accused") has filed this revision application seeking, inter alia, to challenge and revise the order dated 04.03.2024 issued by the Learned Judge of the Provincial High Court of the Western Province, holden in Panadura. By the said order, the Petitioner’s application was dismissed on the grounds that no exceptional circumstances had been established. The Petitioner asserts that the impugned order made by the Learned Magistrate on 03.02.2023 is unlawful and of such a nature as to shock the conscience of the Court.

According to the petition, the Plaintiff-Respondent-Respondent (hereinafter referred to as "the Respondent”) instituted an action in the Magistrate Court of Moratuwa in terms of section 136 (1) (b) of the Code of Criminal Procedure Act No. 15 of 1979 (as amended) against the Petitioner for having committed an offence in terms of section 345 of the Penal Code.

Following the accused's plea of not guilty, the learned Magistrate issued a summons for PW1 and PW2 to appear on 08.11.2019 to give evidence. As both witnesses failed to attend, the summons was reissued. On 02.08.2021, the accus