CHANDRAKALA MEHTA Vs. VIJAYARAM KUMAR

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the petitioner under Sec. 482 of Cr.P.C. to to set aside the order of dismissal which was passed for non prosecution in SR. No. 4267/2018 dtd. 14/11/2018 by the learned FTC-II M. M. Egmore, Chennai.

(2.) The learned counsel for the petitioner would submit that the learned Metropolitan Magistrate of FTC-II dismissed the complaint filed by the petitioner for the offence under Sec. 138 and 141 of Negotiable Instruments Act at the threshold without summons to accused and before taking cognizance of offence under Sec. 203 of Cr.P.C. for non prosecution.

(3.) The learned counsel would further submit that the order is non speaking one and also only one day the complainant was absent. Without even giving opportunity to the complainant, the complaint was dismissed in limini. The learned counsel further submitted that without giving opportunity to the defacto complainant to record the statement, the learned Magistrate dismissed the complaint. Accordingly, prays for setting aside the order.