RAGHAVENDRA R. Vs. KHAJA MEHABOOB SAB

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and perused the material on record. The case of the appellant/complainant is that the accused/respondent borrowed a sum of Rs.2,50,000/- and issued a cheque for the said sum, which came to be dishonored when it was presented to the bank. Hence, a complaint was filed before the trial Court against the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. The said complaint was dismissed for default by the learned Magistrate on 13.11.2019, aggrieved by which the present appeal is preferred.

(2.) It is seen that the complaint was filed on 24.12.2018. On 17.01.2019, case was registered and summons was issued to the accused. Initially, the said summons was returned as "No such person in the address"?. Thereafter, summons was reissued. It was served on the accused and the case was called on 09.08.2019, accused remained absent. Hence, complainant was directed to take steps. However, since the steps were not taken the complaint came to be dismissed for default.

(3.) The learned counsel for the appellant would submit that since the accused was absent on the intimated date, the trial Court issued Non Bailable Warrant and directed the appellant to take steps and posted the matter on 13.11.2019. On the said date, due to health issues, the advocate on record could not appear before the Court and therefore, steps could not be taken. He submits that the same is un-intentional and seeks indulgence of this Court to give him one more opportunity to the complainant to prosecute his complaint.