HARSH BANSAL Vs. KAMAL SONI

JUDGEMENT

(1.) The present petition has been preferred against the order dtd. 8/8/2022 passed by the learned Chief Judicial Magistrate, Surajpur (C.G.), whereby the case filed by the petitioner under Sec. 138 of Negotiable Instrument Act has been dismissed for want of prosecution.

(2.) It appears from the order sheets of the Trial Court that the petitioner was continuously appearing before the Court, but on 8/8/2022, neither he nor his lawyer were present, as a result of which the case was dismissed for want of prosecution.

(3.) In the matter of Associated Cement Co. Ltd. Vs. Keshvanand reported in (1969) 1 SCC 687, Hon'ble the Apex Court held as under:-