MANOJ SWAMI Vs. STATE

JUDGEMENT

(1.) This appeal under Sec. 378 (4) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the legal heir of the complainant in Complaint Case No. 925/1/09 of 2008 on the file of the Senior Civil Judge, Patiala House Courts, Delhi assailing the order dtd. 13/8/2009 by which the complaint filed alleging commission of the offence punishable under Sec. 138 Negotiable Instruments Act, 1881, (the N.I Act) has been dismissed for default.

(2.) The complaint alleging the commission of the offence punishable under Sec. 138 of the NI Act was filed before the Additional Chief Metropolitan Magistrate, Patiala House Court, New Delhi. Thereafter, the case is seen transferred to SCJ-cum-RC, New Delhi. On going through the trial court records, I find order dtd. 2/2/2009 of the learned Senior Civil Judge which reads thus:-

(3.) Notification no. 145-192/01/F.3(4) dtd. 2/1/2009 referred to reads:-