VISWAK GARMENTS Vs. WOODSTOCK MERCHANDISING PRIVATE LTD

JUDGEMENT

(1.) An order of dismissal of a private complaint filed by the petitioner, came to be passed by the Judicial Magistrate, Avinashi, invoking Sec. 256 Cr.P.C. is put to challenge in the present Criminal Original Petition.

(2.) The case of the petitioner is as under:-

(3.) Learned counsel for the petitioner would submit that the a complaint has been filed for offence under Sec. 138 of the Negotiable Instruments Act and despite the fact that the petitioner complied with the returns, the court had repeatedly returned the Application stating one reason or the other. The petitioner had represented the petition and later, during the covid pandemic period, there was no proper functioning of the courts and the case had been taken on file on 12/11/2021 and the court, finding that there was no representation, had called the complainant absent and dismissed the complaint under Sec. 256 Cr.P.C. even before numbering the Application.