CHIRAG COMBINES Vs. MAHESH CHABDA @ BAGGI

JUDGEMENT

(1.) Heard.

(2.) Facts in brief as per the present case is that Criminal Case No.542/2013 (Chirag Combines Vs. Mahesh Chabda @ Baggi and Ors.) is pending before Judicial Magistrate First Class, Raipur for trial of offence under Section 138 of the Negotiable Instruments Act, 1881. On 18.6.2014, when the matter was listed for evidence of the complainant, the petitioner/complainant/revisioner remained absent. He was also not represented by his counsel. The accused were also not present in person or through their counsel. Hence, the Court below dismissed the complaint under the provisions of Section 256 of the Code of Criminal Procedure, 1973 (for short 'the Code'). Thereafter the complainant filed criminal revision No.244/14 before Sessions Judge, Raipur and vide order dated 03.9.14, the learned Sessions Judge dismissed the criminal revision and affirmed the order passed by the JMFC. Against the said order, the petitioner has filed the instant Cr.M.P. by invoking the jurisdiction under Section 482 of the Code in which he has taken the ground that on account of bona fide mistake counsel for the complainant noted down the date of hearing of the case as 18.7.14 instead of 18.6.14. and has also taken the ground that the complainant was busy in his business appointments, hence failed to present before the Court on the date of hearing. !t is further submitted that the petitioner never remained non active for the trial of the matter. Though on the other hand, on earlier date i.e. 20.5.14 on the request of counsel for the respondents in an application under Section 317 of the Code, the Court allowed :in opportunity to cross examined the complaints ' witnesses. Hence, it is prayed that by invoking the jurisdiction under Section 482 of the Code, the Court may order for the restoration of the said complaint case for further trial in the matter.

(3.) Heard counsel for the parties present before the Court.