QAMAR SIDDIQUI Vs. SRI MOHAN LAL

JUDGEMENT

(1.) THIS is an appeal, preferred u/s 378(4) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), against the order dated 15.1.2007 passed by Special Judicial Magistrate -II, Dehradun in Case No., 2047 of 2003, Qamar Siddiqui v. Mohan Lal. In brief, the facts of the case are that appellant/complainant filed a complaint u/s 138 of the Negotiable Instruments Act, 1881 against the respondent -Mohan Lal on 19.11.1999 in the court of CJM, Dehradun. During the course of trial, the witnesses of the complainant were examined and after completing the evidence, the case was fixed for defence evidence. Prior to the date of 15.1.2007, the date was fixed for 11.1.2007 before the trial court and on that day, the appellant was present in the court and 15.1.2007 was fixed for cross -examination for the defence witnesses. But on 15.1.2007, the appellant/complainant could not present in the trial court and his complaint was dismissed u/s 256 of Cr.P.C.

(2.) SRI M.K. Goyal, learned counsel for the appellant has submitted that on 15.1.2007, the case was fixed for cross -examination of the defence witnesses but the appellant could not attend the court on that day as he was out of station with some personal work and counsel engaged by him did not move the application to exempt the personal attendance of the appellant/complainant and for that reason his complaint was dismissed.