MOHIT PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri. Udai Bhan Pandey, learned counsel for the appellant/complainant, Shri. Ashid Ali, learned counsel appearing for the respondent no.2 as well as Shri. Rajesh Kumar Singh, learned A.G.A. for the State and perused the record.

(2.) The instant appeal has been preferred by the appellant/complainant- Mohit Pandey against the order dtd. 25/11/2016 passed by Additional Judge, Court No.5, Lucknow in Complaint Case No. 3453 of 2008 (Mohit Pandey v. Shikha Banerji), under Sec. 138 of the Negotiable Instrument Act, Police Station Hazratganj, District Lucknow, whereby the complaint filed by the appellant was dismissed in default of the complainant.

(3.) Learned counsel for the appellant/complainant while drawing the attention of this Court towards the impugned order dtd. 25/11/2016, vehemently submits that the impugned order has been passed in utter disregard to the eventuality dealt with under Sec. 256 of the Cr.P.C. and no reasons has been given in the impugned order as to why the presence of the complainant was required for the further progress of the case and by passing a cryptic order, the complaint of the complainant/appellant has been dismissed.