BALBIR CHOUDHARY Vs. ANKIT SOMANI

JUDGEMENT

(1.) The applicant has filed this criminal revision against the order dtd. 20/10/2022 passed by the First Additional Sessions Judge, Janjgir, District Janjgir-Champa in Criminal Appeal No.14/2022, whereby the First Additional Sessions Judge has dismissed criminal appeal for want of prosecution.

(2.) Brief facts of the case are that the respondent / complainant has filed a complaint before the Judicial Magistrate First Class, Champa for offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'Act of 1881'), which was registered as Complaint Case No.14/2017. The Judicial Magistrate First Class held the applicant guilty and accordingly, convicted and sentence was awarded, which was challenged by the applicant in criminal appeal. On the date of hearing i.e. 20/10/2022, counsel for the applicant and the applicant could not appear, so criminal appeal was dismissed for want of prosecution.

(3.) Mr.Santosh Kumar Pandey, learned counsel for the applicant, submits that the applicant and his counsel were regularly appearing except on 20/10/2022 when the case was dismissed for want of prosecution. So, in such circumstance, dismissal of case is not justified. Even otherwise, the applicant is having good case on merits and he is hopeful to get succeed in the matter. So, learned counsel prays to quash the impugned order and remand back the matter to the concerned Court for deciding a afresh in accordance with law.