ABHAY KALE Vs. OM NARAYAN SINGH @ MUNNA SINGH

JUDGEMENT

(1.) The appeal is preferred against Order dated 14.6.2012 passed by Judicial Magistrate First Class, Raipur (CG) in Criminal Case No.305/2009 wherein the said Court acquitted the respondent for the charges under Section 138 of the Negotiable Instruments Act, 1881 as the case was dismissed for want of prosecution.

(2.) It appears from the order sheet of the trial Court that the appellant/complainant and the respondent/accused both were absent on the said date. It appears from the order sheet of the trial Court that the case was registered on 06.12.2008 thereafter summon and bailable warrant were issued to the respondent for his appearance, but he did not appear. From the order sheet it is not clear whether the warrant was served to the respondent or not. On the date of dismissal for want of prosecution, presence of the appellant was not required because the case was already fixed for hearing of the respondent.

(3.) In the matter of Associated Cement Co. Ltd. Vs. Keshvanand reported in (1998) 1 SCC 687, Hon'ble the Apex Court held as under:-