KARSANBHAI J CHAVDA Vs. CHANDABEN SURESHBHAI

JUDGEMENT

(1.) Original complainant in Criminal Case No.737 of 1994 has approached this Court under Section 378 of the Code of Criminal Procedure, 1973 challenging the order dated 8.10.1999 passed by the Judicial Magistrate First Class, Gandhinagar dismissing the complaint on account of the accused respondent hereinabove of the charge of committing offence punishable under Section 138 of the Negotiable Instruments Act,1881( hereinafter referred to as 'the N.I. Act' for the sake of brevity).

(2.) Though served none appears for the respondent No.1. Ms. C.M. Shah, learned Additional Public Prosecutor appears for respondent No.2.

(3.) This appeal is filed on affidavit and in paragraph 4(D) it is stated on oath by the appellant that on the day on which the complaint came to be dismissed for want of presence of the complainant i.e 8.10.1999, the complainant's father had died. Copy of the death certificate is also annexed to this complaint. As it is stated hereinabove, the respondent No.1 is duly served and none is present to controvert these facts. The Court has to, therefore, take them to be correct as it is stated on oath.