YUDHVIR SINGH Vs. NAGMANI FINANCIAL SERVICES P LIMITED

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is directed against the judgment and order dated 13.8.2001 passed by the court of Metropolitan Magistrate dismissing petitioner's complaint under Section 138 of Negotiable Instruments Act in default, for non-appearance of the complainant and declining to restore the same.

(2.) Facts in brief are that appellant filed a complaint under Section 138 of Negotiable Instruments Act against respondents. The respondents were summoned. On 13.8.2001, the complaint was dismissed for non-appearance of the complainant and for the failure of petitioner to file the process fee. The order reads as under:-

(3.) Petitioner's application for restoration of the complaint was also dismissed by the trial court vide orders dated 13.9.2001.