MEMON MOHMEDRAFIK RASULBHAI Vs. DESAI RAMESHKUMAR VIRSANGBHAI

JUDGEMENT

(1.) Present appeal has been filed by the original complainant of Criminal Case No. 817 of 1992 which was disposed of by the learned J.M.F.C., Idar on 1-12-1993. In this matter, the complainant- present appellant has filed one complaint for the offence under Sec. 138 of the Negotiable Instruments Act before the learned J.M.F.C. at Idar Court, and on 30-6-1992 process was issued against the respondent. The respondent is served but does not turn up before this Court for hearing.

(2.) Heard Ms. Jayshree Bhatt, learned Advocate for the appellant and Mr. K. V. Pandya, learned Additional Public Prosecutor for the respondent No. 2-State.

(3.) In this case, the question of amount was involved and cheque was given to the present appellant-original complainant by respondent No. 1 and it was bounced and proper provisions of law was followed by present appellant-original complainant. Thereafter, the statement of the original accused was recorded at Exh. 5 and then on 17-12-1992 the oral evidence of the complainant-present appellant was recorded and documents at Exh. 6 were also produced. But due to lack of time, examination-of-chief of the complainant was not over on 17-12-1992 so it was adjourned to 19-1-1993 at that day the learned Advocate for the parties, complainant and accused were also present before the Court but chief-examination of the complainant was not recorded and it was adjourned to 1-2-1993. On said day, the present respondent No. 1 was present and Exh. 11 application was given to the Court with a contention that the complainant and his Advocate was not present. So in absence of the complainant and his Advocate that application Exh.11 was allowed and present respondent No. 1 was acquitted for the offence under Sec. 138 of the Negotiable Instruments Act. The said order is challenged by the original-complainant.