SUNIL KUMAR Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Anil Kumar Mishra, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned AGA for the State and perused the record.

(2.) This petition has been filed to quash the order dtd. 10/11/2022 passed by the Additional Chief Judicial Magistrate, Court No.6, Meerut in Complaint Case No.6600 of 2016 (Sunil Kumar Vs. Amit Kumar), under Sec. 138 NI Act, Police Station Lalkurti, District Meerut.

(3.) In the above noted criminal complaint case under Sec. 138 NI Act when applicant complainant did not appear on 10/11/2022 the trial court considering the fact that the complaint was pending since 2/9/2016, the statement of the accused had been recorded on 8/10/2021 but since then complainant had not filed any affidavit as evidence and was not attending the court from the past several dates, even last opportunity was provided to him even then he neither appeared nor moved any application, the trial court dismissed the complaint under Sec. 256 CrPC and acquitted the accused.