SATYENDRA KUMAR KESHARWANI Vs. SANJAY BHASKAR

JUDGEMENT

(1.) This judgment will dispose of the acquittal appeal preferred on behalf of the appellant/complainant against the order passed by the Court below, i.e., Judicial Magistrate First Class, Bilaspur, C.G. in Complaint Case No.29/13 (Satyendra Kumar Kesharwani Vs. Sanjay Bhaskar) wherein and whereunder the learned trial Court on 26-07-2013 dismissed the complaint under Section 256 of the Code of Criminal Procedure, 1973 (in short 'the Code') as the complainant was not present when the case was taken up for hearing.

(2.) Facts necessary for disposal of the instant acquittal appeal, in brief, are that appellant/complainant Satyendra Kumar Kesharwani had filed a complaint case against the respondent under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code, 1860 (in short 'the IPC'). The trial Court took the cognizance under Section 138 of the Negotiable Instruments Act; no any congnizance was taken for the offence under Section 420 of the IPC vide order dated 28-01-2013. Thereafter, the respondent was issued notice. During further hearing, the case was fixed for particulars of the offence on 26- 07-2013. On 26-07-2013, the complainant/appellant was absent, the respondent/accused was also absent but on behalf of the accused/respondent an application for condonation of his non-appearance had been filed and the same was allowed. As the complainant/appellant was absent, the learned Court below held that as the complainant is absent and no any information regarding his absence is given to the Court which shows the negligence of the complainant, hence, the Court below dismissed the complainant under Section 256 of the Code. Against the said dismissal, the appellant preferred the instant acquittal appeal along with the Cr.M.P. for leave to appeal. The Cr.M.P. has been allowed and leave to appeal is granted vide order dated 28-04-2014 of this Court. The acquittal appeal has also been admitted on 28-04-2014.

(3.) Heard the instant acquittal appeal finally.