KAMLESH Vs. MANJEET KAUR W/O. GURDAYAL SINGH

JUDGEMENT

(1.) Heard on application for grant of leave to appeal under Section 378(4) of CrPC.

(2.) This petition has been preferred against Order dated 12.10.2018 passed by Judicial Magistrate First Class, Raipur (CG) in Complaint Case No.256/2015 wherein the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 has been dismissed for want of prosecution.

(3.) It appears from the record of the trial Court that the case was fixed for recording the statement of defence witnesses and it was not fixed for appearance of the petitioner/complainant. Therefore, presence of the petitioner was not compulsory on that date.