LODHI PROPERTY COMPANY LTD Vs. RAJBIR SINGH

JUDGEMENT

(1.) Leave granted. Registry is directed to register the Petition as an Appeal.

(2.) The Appellant invokes inherent power of this Court under Section 482 of the Code of Criminal Procedure (the Code) for setting aside the order dated 30.03.2012 whereby a complaint under Section 138 of the Negotiable Instruments Act, 1881 (the N.I.Act) was dismissed by the Metropolitan Magistrate ('MM') for non appearance of the Complainant, that is, the Petitioner herein and the accused, that is, the Respondent was acquitted.

(3.) As per the averments made in the Appeal, the Appellant have paid a sum of Rs. 2.70 lacs to the Respondent for supply of certain goods. The Respondent failed to supply the goods and, therefore, issued a cheque No. 199005 dated 21.04.2009 towards the reimbursement of the amount. When the said cheque was presented by the Petitioner it was dishonoured on account of 'insufficient funds'. A legal notice dated 30.04.2009 was served and on account of non-payment of the amount within the statutory period, a complaint under Section 138 of the N.I.Act was filed. A perusal of the Trial Court record reveals that Respondent was not appearing in the Court. On 08.02.2012 none appeared on behalf of the Complainant, that is, the Appellant, the Respondent was also not present. The learned 'MM' entertained certain doubts regarding genuineness of the medical certificate produced for exemption of the Respondent and directed the Respondent to produce the record of Talwar Medical Centre, which issued the medical certificate.