PANKAJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this Criminal Miscellaneous Application, the applicant has challenged the judgment and order dated 16.11.2006, passed by the learned Sessions Judge, Haridwar in Criminal Revision No. 132/2006, Pankaj Kumar v. Sharif Ahmad. In the said revision, the order of cognizance dated 2.12.2005, passed by the learned Magistrate in Criminal Complaint Case No. 468/2005, has been upheld.

(2.) The background facts of the case are that respondent no. 2 Sharif Ahmad filed a complaint case no. 468/2005 against the applicant Pankaj Kumar for the offence of Section 138 of the Negotiable Instruments Act read with Section 420 IPC. The said complaint was filed before the Judicial Magistrate, Laksar, District Haridwar. The case was pending in the said court for adducing evidence by the complainant, but the complainant did not turn up on the date fixed i.e. on 7.10.2005. He also absented himself on the prior two consecutive dates before posting the case for producing the evidence. The accused applicant also remained absent. In the circumstances, the learned Magistrate, after recording the absence of the complainant as well as the accused, dismissed the complaint case and acquitted the accused by exercising his powers contained under Section 256 CrPC.

(3.) Being aggrieved, the complainant Sharif Ahmad filed a second complaint against the accused applicant on 11.11.2005 relating to the same offence with same set of facts. The learned Magistrate, after recording the statements under Section 200 and 202 CrPC, took cognizance of the offence against the applicant vide his order dated 2.12.2005. The accused applicant assailed this order before the learned Sessions Judge by filing a Criminal Revision No. 132/2006, which resulted in dismissal, and the order of cognizance was sustained. Hence, the accused applicant has filed this petition against the said judgment and order of the learned Sessions Judge passed on 16.11.2006.