SHREE STEELS Vs. SHREE STEELS

JUDGEMENT

(1.) Present petition is filed against the order dtd. 19/7/2019 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No. 3517/2018 whereby the complaint filed by the petitioner under Sec. 138 of the Negotiable Instrument Act was dismissed for want of non prosecution and consequently the accused/respondent was acquitted of the charge.

(2.) Counsel for the appellant submits that the complaint under Sec. 138 of the Negotiable Instrument Act was filed in the year 2018 and thereafter the complainant was appearing along with the Advocate. The case was pending before the Judicial Magistrate First Class, Raipur in which the accused/respondent was ready for settlement of the dispute and in lieu of which the respondent has also paid Rs.1500.00 prior to 19/7/2019. The case was fixed on 15/7/2019 for payment of remaining amount before the Judicial Magistrate First Class Raipur in which the petitioner/complainant was present along with his counsel. Unfortunately, the petitioner's counsel noted the next date of hearing by mistake as 14.08/2019 in his diary and due to which counsel for the petitioner/complainant could not appear before the court below on the said date i.e. 19/7/2019. On 14/8/2019, when the complainant along with the counsel for the petitioner appeared before the concerned court, he came to know that the complaint case had already been dismissed on 19/7/2019 and consequently respondent/ accused was acquitted of the charges under Sec. 138 of the Negotiable Instruments Act.

(3.) Counsel for the petitioner prays that the complaint case may be restored to its original number and opportunity may be afforded to him to prosecute his complaint so as to facilitate the adjudication of the case on merits.