MARTIN Vs. KHILESHWAR PRASAD

JUDGEMENT

(1.) By this petition under Section 482 of Cr.P.C. the petitioner has prayed for quashment of the order dated 1.6.2013 passed by the Judicial Magistrate 1st Class, Bilaspur in Complaint Case No. 13/2013 whereby after appearance of the accused the Court below has dismissed the complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (summon trial case) under Section 256 of Cr.P.C. in absence of the complainant applicant herein.

(2.) I have heard learned counsel for the applicant and perused the order impugned and the petition.

(3.) Learned counsel for the applicant submits that the Court below ought not to have dismissed the complaint in absence of the complainant and by dismissing the complaint instead of adjourning the same, the trial Court has committed illegality. Reliance placed in the matter of Smt. R. Rajeshwari v. H.N. Jagdish, 2002 1 BankCas 89, in which the High Court of Karanataka has held that complaint dismissed for want of prosecution may be restored in exercise of inherent jurisdiction under Section 482 of Cr.P.C.