GULAM SABIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Challenge in this appeal is made to the order dtd. 4/9/2021, passed in Complaint Case No. 3882 of 2016, Gulam Sabir vs. Ashraf Ali, passed by the court of 4th Additional Chief Judicial Magistrate, Dehradun. By the impugned order, a complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") has been dismissed under Sec. 256 of the Code of Criminal Procedure, 1973 (for short, "the Code"). Consequently, the respondent no.2, Ashraf Ali has been acquitted.

(2.) Heard learned counsel for the parties and perused the record.

(3.) In order to appreciate the controversy, the facts briefly stated are as follows. A complaint under Sec. 138 of the Act was filed by the petitioner on 22/9/2016. Cognizance was taken and the proceeding of the case initiated. The complainant was finally examined as PW1 on 9/6/2019. On 1/7/2019, the respondent no.2 moved an application for obtaining Handwriting Expert. It was allowed on 24/7/2019. On 1/11/2019, the ordersheet of the case records that the Handwriting Expert Report had already been received. Thereafter, on two dates namely, on 7/1/2020 and 22/2/2020, the case was adjourned at the instance of the petitioner and the case was fixed for hearing. The purpose, as such was not specified on those dates. On 20/8/2021, again none appeared for the parties, the matter was adjourned but, the purpose for which it was adjourned has not been spelled out in that order dtd. 20/8/2021. Subsequent thereto, on 26/8/2021, again parties did not appear and the case proceeded without revealing any purpose for which it was adjourned. On further two dates i.e. on 31/8/2021 and 2/9/2021, the petitioner did not appear and the case was again adjourned. Finally on 4/9/2021, the court dismissed the complaint under Sec. 256 of the Code.