Allowed

M/s Vasavi Financial Services ltd., v. M/s Sri Kanaka Durga Press, Lakdikapool, Hyderabad

Telangana HC9 Sept 2011CRLRC/117/2004

Case brief

AI extract

What is this about?

The High Court set aside an order dismissing a complaint under section 138 NI Act due to the complainant's default. The revision was allowed, and the matter restored to the Magistrate for trial.

What did the court decide?

Order dated 13-11-2003 setting aside complaint under section 138 NI Act is set aside and restored to Magistrate for disposal within three months.

M/s Vasavi Financial Services ltd., Vs M/s Sri Kanaka… — Cheque Dishonour | Telangana HC (2011)

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IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD

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FRIDAY THE NINETH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN

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PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL REVISION CASE NO. 117 OF 2004

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Between: M/s. Vasavi Financial Services Limited Represented by its Executive Hyderabad. … Revision PetitionerComplainant V/s. M/s. Sri Kankadruga Press, Lakdikapool, Hyderabad & 2-Ors. … Respondents-Accused Counsel for the Revision Petitioner : Sri V.V.L.N. Sharma Counsel for the Respondents 1 & 2 Accused : None appeared Counsel for the Respondent No.3 : Addl. Public Prosecutor

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The Court made the following (Order follows next page).

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THE HONOURABLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL REVISION CASE NO. 117 OF 2004

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JUDGMENT :

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This Criminal Revision Case arises out of the order

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dated 13-11-2003 passed in CC.No. 1581 of 1998 by the XXIII

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Metropolitan Magistrate, Hyderabad, dismissing the complaint filed under section 138 of the Negotiable Instruments Act on the ground that the Executive of the complainant was not present for cross-examination on the given date.

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2. Sri V.V.L.N. Sharma, the learned counsel appearing for the

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Revision Petitioner submits that when the matter was posted for crossexamination by PW-1 he was involved in the traffic and could not attend the Court when the matter was called. The learned counsel would further submit that the Advocate appearing for the complainant was held up in the

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High Court and could not make representation before the Court when the matter was called.

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3. According to the learned counsel, therefore, on the said date

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PW-1 came late and he was absent when the matter was called and his

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absence is neither intentional nor want on.

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4. Considering the submissions made by the learned counsel for the Revision Petitioner, I am of the view that the order passed by the learned Magistrate dismissing the complaint for default is required to be set aside to meet the requirement of justice.

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5. In the result, the order dated 13-11-2003 passed in CC.No.1581 of 1998 by the XXIII Metropolitan Magistrate, Hyderabad is set aside and the complaint filed by the Revision Petitioner is restored to the file of the learned Magistrate. The learned XXIII Metropolitan Magistrate is directed to proceed with the trial of the case and dispose of the matter on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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6. With the above direction, the Criminal Revision Case is,

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therefore, allowed.

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__________________________ JUSTICE R. KANTHA RAO.

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09-09-2011 I s L

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THE HONOURABLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL REVISION CASE NO. 117 OF 2004

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Circulation No. 37 Date: 09-09-2011

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Court Master : I s L Computer No. 43

M/s Vasavi Financial Services ltd., v. M/s Sri Kanaka Durga Press, Lakdikapool, Hyderabad

Case brief

What is this about?

What did the court decide?

M/s Vasavi Financial Services ltd., v. M/s Sri Kanaka Durga Press, Lakdikapool, Hyderabad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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