RAM DHAN KHANDELWAL Vs. MANISH CHOUHAN

JUDGEMENT

(1.) The revision has been filed against the impugned order dated 13-7-2001 passed by the J.M.F.C., Durg, in Criminal Case No. 72/1996 whereby the Court has dismissed the complaint filed under Section 138 of the Negotiable Instruments Act. The complaint is pending before the Court and the complainant and the accused persons were appearing. Certain objections were raised regarding limitations etc. by the accused. The learned Magistrate rejected those objections and held that the complaint is within limitation. The case was adjourned.

(2.) According to the complainant the case was fixed on 6-10-1998, but the counsel for the complainant/applicant has wrongly noted the date as 7-10-1998. When complainant appeared before the Court, he came to know that his complaint under Section 138 of Negotiable Instruments Act has been dismissed in default. Thereafter, the complainant has filed an application for restoration, the said application was rejected.

(3.) The learned Trial Court has observed that on 6-10-1998 the complaint was dismissed under Section 256, Cr.PC and therefore the respondent/ accused has been acquitted of the charge under Section 138 of Negotiable Instruments Act.