PREETAM PRAKASH ARORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 Cr. P. C. , the challenge is to the judgment and order passed by learned Sessions Judge, U. S. Nagar dated 16.7.2007, whereby the criminal revision no. 77 of 2007, Kishore Sharma Vs. Preetam Prakash Arora, was accepted and the Chief Judicial Magistrate, Rudrapur was directed to provide an opportunity to the complainant Kishore Sharma to proceed with his complaint.

(2.) Having heard learned counsel for both the parties, it transpires that complainant Kishore Sharma filed a complaint case no. 1991 of 2007 (changed number after making over of the case) under Section 138 of the Negotiable Instruments Act, 1881, since a cheque, worth Rs. 2.25 lakhs, allegedly issued by the petitioner favouring the complainant, was dishonoured.

(3.) This complaint was filed on 19.9.2006, wherein the cognizance was taken by learned Magistrate on 21.9.2006 under the said Section, asking the petitioner to stand trial. The complaint was taken up in the court on several dates. Before this Court, the certified copies of as many as eight dates have been annexed with the petition in order to advert that on all dates, the complainant was absent in person. On few dates, exemption applications for personal appearance was moved by the complainant which were accepted. However, on most of the dates, the petitioner was present.