METTU KRISHNA REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Appellant is the complainant. He preferred this Criminal Appeal against the docket order dtd. 18/9/2019 in C.C. No. 240 of 2019 on the file of XXII Additional Metropolitan Magistrate, Cyberabad at Medchal, Ranga Reddy District.

(2.) The learned Magistrate vide docket order, dismissed the case for default which reads as under:

(3.) Assailing the said order, the complainant filed Crl.R.C(SR).No. 123 of 2020 before the Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar. The learned Judge held that, 'in the light of the principle laid down in Himachal Pradesh Financial Corporation v. Continental Spinners Limited (2003 Law Suit (HP) 19) and Smt. P. Vijaya Laxmi v. Smt. S.P. Sravana, the remedy to complainant is to seek an Appeal under Sec. 378(4) of Cr.P.C., hence, this Petition is not maintainable and it is liable to be returned. Hence, this Petition is returned to be presented before the Hon 'ble High Court. "