CHARANJEET SINGH Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the order dated 13.01.2015 passed by Special Judicial MagistrateIII, Dehradun in complaint case no.1050 of 2013 Charanjeet Singh vs. Smt. Shakuntala Devi, whereby the complaint filed by the appellant has been dismissed in default.

(2.) Brief facts of the case are that the appellant filed a complaint against the respondent under Section 138 of Negotiable Instruments Act, 1881 (for short, N.I. Act), which was registered as Criminal Case No.10520 of 2013. Thereafter, the evidence was recorded before the trial court and on the basis of above complaint and statements, the trial court took cognizance in the matter and issued summons to the respondent. However, despite summons being issued to the respondent, he did not appear before the trial court, as such, the trial court issued non-bailable warrants against the respondent and fixed the case for appearance of the respondent on 13.1.2015. On the date fixed i.e. on 13.01.2015, case was called out, but as neither the complainant was present, nor any application for exemption of his presence, was moved by him, the trial court passed order dated 13.01.2015 and dismissed the complaint in nonprosecution. However, the trial court in its order did not mention that the respondent accused is acquitted. For convenience, impugned order dated 13.01.2015 is reproduced hereunder:

(3.) Feeling aggrieved by the order dated 13.01.2015, this appeal has been preferred by the complainant.