Restoration of complaint u/s 138..

Guest (Querist) 24 August 2014 This query is : Resolved
A complaint u/s 138 has been dismissed in default by the magistrate for non-appearance of the complainant and his counsel.
Though the complainant has sufficient good reasons for not appearing, as the complainant is very old.
Sir my Qs. is that whether I should file a revision before Sessions Court or before the High Court.
And if possible can somebody refer me a SC judgment for restoration of complaint u/s 138.

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Devajyoti Barman (Expert) 24 August 2014
Revision lies in either of the courts.
Citations are not supplied here.

Rajendra K Goyal (Expert) 24 August 2014
Agree with the expert.

ajay sethi (Expert) 25 August 2014
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 203, 482 -- Complaint - Dismissal for default - Court becomes functus officio and Magistrate has no jurisdiction to recall his order - Restoration of complaint can be ordered by High Court -