BASANT KUMAR KATARIYA Vs. AMJAD ALI

JUDGEMENT

(1.) The petitioner has filed present Cr.M.P assailing the order dated 31-1-2020 passed by Second Additional Judge to the Court of 1st Additional Sessions Judge, Durg in Criminal Appeal No. 48 of 2020 whereby learned Second Additional Sessions Judge, Durg has dismissed the appeal filed by the petitioner for want of prosecution.

(2.) The brief facts as projected by the petitioner are that the petitioner has filed a complaint on 13-8-2015 against respondent stating that the respondent Amjad Ali had issued a cheque drawn by Allahabad Bank New Khursipar Bhilai bearing cheque No. 63225 dated 27-10-2010 for Rs.10,00,000/- to the petitioner and when petitioner deposited said cheque in the bank, same was dishonoured on account of insufficient funds in the bank on account of the respondent. Thereafter the petitioner filed a complaint under Sec. 138 of Negotiable Instruments Act, 1881 against the respondent was registered as criminal complaint No. 3837 of 2015. Learned Judicial Magistrate First Class, vide its order dated 21-11-2019 has allowed the complaint filed by the petitioner and convicted the accused/respondent as allegation made against the accused for dishonour of cheque dated 27-10-2010 for Rs.10,00,000/- was found proved and directed the accused to pay Rs.1,00,000/- as compensation to the complainant, in default of payment of compensation, to undergo simple imprisonment for one month and twenty days.

(3.) Being aggrieved by the said order to the extent in not granting adequate compensation, respondent filed an appeal before the Sessions Judge, Durg, contending that as per Sec. 138 of the Negotiable Instruments Act, 1881, if commission of offence of dishonour of cheque found proved then the accused is liable to pay the double amount of compensation whereas the learned Judicial Magistrate has only granted Rs.1,00,000/- as compensation, therefore, it is clear violation of Sec. 138 of the Act, 1881. The appeal was filed before the learned Sessions Judge, Durg on 7-1-2020 thereafter learned Sessions Judge, Durg directed for registration of the case and fixed the case for preliminary arguments on 16-1-2020. On that day the learned Sessions Judge, Durg transferred the case to Second Additional Judge to the Court of First Additional Sessions Judge, Durg. . The learned appellate Court fixed the case for motion hearing on 24-1-2020. On that day the appellant was absent, therefore, the case was adjourned to 31-1-2020 and on 31-1-2020 since the appellant and his counsel were absent the appellate Court dismissed the appeal for want of prosecution. This order is being challenged by the petitioner before this court by filing present petition under Sec. 482 of Cr.P.C.