NITIN Vs. SAIYYAD MUSHARRAF

JUDGEMENT

(1.) Present appeal is preferred by the appellant challenging the order passed by the Judicial Magistrate First Class, Washim for dismissing the complaint as the complainant was absent in Summary Criminal Case No. 24/2016 dtd. 02/07/2019. The appeal is dismissed by observing that though summons has been issued to the complainant, and on the day of appointed on the appearance of the accused, or any day subsequent thereto which the hearing is adjourned. The complainant does not appear and dismissed the complaint.

(2.) Heard learned counsel for the appellant. The respondent served but failed to appear before this Court.

(3.) Learned counsel for the appellant submitted that present appellant has filed complaint under Sec. 138 of the Negotiable instruments Act against the respondent/ accused on the submissions that respondent is a proprietor of Siddhiki Tours and Travels. The complainant and the accused being friends known each other since long and out of the trust, the amount of Rs.10,00,000.00 was paid to the respondent. The complainant has paid Rs.7,00,000.00 by online transaction and Rs.3,00,000.00 is paid to the accused in cash. On demand, the accused issued a cheque bearing No. 376126 of account no. 3015575109. The said cheque was deposited by the complainant in his account but said cheque was not honored and returned back with endorsement funds in sufficient. Thereafter, the complainant had issued a legal notice to the accused by registered post acknowledgment and demanded the amount. However, accused failed to pay amount, therefore, the complainant preferred the criminal complaint before the learned Judicial Magistrate First Class, Washim.