AGASTI SARV SEVA SANGH Vs. ROHIDAS DHARMA RATHOD

JUDGEMENT

(1.) Heard Mr. S.T. Shelke, the learned counsel for the applicant. Heard Mrs. Sangeet the learned counsel for the respondent.

(2.) By consent admitted and taken up for final hearing, forthwith. By consent calling for record and proceedings dispensed with.

(3.) The applicant had filed a criminal case against the respondent alleging commission of offences punishable under section 138 of the Negotiable Instruments Act and section 420 of the Indian Penal Code (IPC). Process was ordered to be issued against the respondent only with respect to the offence punishable under section 138 of the Negotiable Instruments Act. It appears that the complaint remained pending for a number of years, as the presence of respondent i.e. the accused could not be secured by the applicant inspite of orders passed by the Court to issue summonses or warrants for securing the presence of respondent. On 31.08.2013, the learned Magistrate dismissed the complaint in default by the following order, which was titled by him, as "Special Drive Dated 31.08.2013" :