P GUNAVATHA RAO Vs. M MOHAN RAJU

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure by the petitioner, who was the complainant in C.C.No. 466 of 1994 on the file of the court of the II Addl. Munsif Magistrate, Tirupathi, questioning the order passed by the learned Magistrate dated 30-6-1998 in the said case, as confirmed by the V Addl. District Judge, Tirupathi, in Crl.R.P.No. 65 of 1998.

(2.) The facts which led to the filing of this petition are that the 1st respondent herein who is the accused in C.C.No. 466 of 1994 issued a cheque bearing No. 110474 dated 10-12-1992 for Rs. 4 lakhs and on presentation, the petitioner was informed by the banker that the cheque was returned with an endorsement, "insufficient funds". Pursuant to that, the petitioner herein filed a complaint against the 1st respondent herein for the alleged offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. While so, on 30-6-1998, as the complainant i.e., the petitioner herein was absent, the learned Magistrate dismissed the complaint observing as follows: "Complainant and the accused absent. Absence of the accused is condoned in a petition under Section 317 of the Code of Criminal Procedure. No representation was made on behalf of the complainant. He was absent in the previous dates of hearing also. It appears, he has no interest in prosecuting the case. In the circumstances, the case is dismissed and the accused is acquitted."

(3.) Aggrieved by the same, the petitioner herein carried the matter by way of revision under Section 397 of the Code of Criminal Procedure and filed Crl.R.P.No. 65 of 1998 on the file of the court of V Addl. District Judge, Tirupathi, and the learned District Judge by an order dated 21-1-1999 dismissed the same holding that the petitioner has not given sufficient reasons for his absence on the day when the matter was called in the court of the Magistrate. Hence, this petition.