TRAVEL PLANNERS PVT. LTD. Vs. HARPREET SINGH

JUDGEMENT

(1.) THIS criminal leave petition seeks leave of the court to prefer appeal against the impugned order dated 3.7.2007 passed by learned Metropolitan Magistrate dismissing the complaint of the complainant petitioner filed under Sec tion 138 of the Negotiable Instruments Act for non-appearance. Since none appeared on that date, therefore, the Magistrate observed that the complainant was not interested in pursuing the complaint and as such he dismissed the complaint in default and for non-prosecution.

(2.) LEAVE to appeal is granted. Crl. A. No. 176/2008 (to be numbered)

(3.) HEARD learned counsel for the appellant on this appeal. It is urged that he had noted down the wrong date as 31.7.2007 in place of 3.7.2007. This appeal is supported by affidavits of both complainant-appellant himself and the counsel confirming the averments made in the appeal.