NARENDRA SINGH RATHORE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present application under Sec. 482 CrPC has been filed by the applicant, Narendra Singh Rathor, seeking to invoke the inherent jurisdiction of this Court to set aside the order dtd. 19/1/2018 passed by the learned 1st Additional Civil Judge (Junior Division)/Judicial Magistrate, Nainital in Criminal Complaint Case No. 1499 of 2016 titled "Narendra Singh Rathor vs. Nafeesh Ahamed", whereby the said complaint was dismissed for want of prosecution, as well as to set aside the judgment and order dtd. 31/8/2018 passed by the learned 2nd Additional District Judge, Nainital in Criminal Revision No. 27 of 2018 arising therefrom.

(2.) The proceedings originated from a complaint under Sec. 138 of the Negotiable Instruments Act, 1881, filed by the applicant against the private respondent, alleging dishonour of cheque(s). The complaint was registered on 28/6/2016 before the Court of the learned Chief Judicial Magistrate, Nainital.

(3.) Cognizance was taken by the learned Magistrate, and after recording preliminary statements under Sec. 200 CrPC, summons were issued to the accused. On non-appearance, bailable warrants were issued, and subsequently, non-bailable warrants were also issued due to continued absence.