DILIPKUMAR SURYAKANT UPADHYAYA Vs. PATEL NATAVARLAL MANIBHAI

JUDGEMENT

(1.) Dilipkumar Suryakant Upadhyaya-applicant (Original complainant) has filed this revision application under Section 397 of the Code of Criminal Procedure against the judgement and order passed by the Judicial Magistrate First Class, Modasa (Bayad Camp) in Criminal case No. 411 of 1999 below Exh. 11 dated 31.8.2000. The learned Magistrate by his order dated 31.8.2000 was pleased to accept the application filed by original accused No. 3 for dropping the proceedings.

(2.) . The facts giving rise to this Criminal Revision Application are as under:

(3.) . Mr. R.A. Mishra, learned advocate for the applicant appeared and stated that opponent No. 3 was duly served with the notice under Section 138 of the Negotiable Instruments Act and demand was raised for the payment of amount of dishonoured cheque within 15 days. In spite of the receipt of the said notice, the accused failed and neglected to give any reply and rebut the allegations in notice that he is not liable to pay the amount or that he is not in the management of the said hospital and that he has no concern whatsoever with the said transaction. He submitted that this will clearly go to show that the accused has after committing the offence has tried to get out of the same by evading the trial. He further submitted that the learned Judicial Magistrate First Class has failed and neglected to consider the most material aspect of the matter while passing the impugned order.