SHIVAJI Vs. JIVAN

JUDGEMENT

(1.) Order dtd. 6/4/2023 passed by learned Judicial Magistrate First Class, Degloor in SCC No. 752 of 2020 is hereby questioned by original complainant, praying to restore the matter for trial.

(2.) It is pointed out that, there was hand loan transaction between complainant and accused i.e. to the tune of Rs.1,85,000.00. As accused wanted to purchase house, considering the relations, the said amount was given and accused has assured to repay the said amount. But only on consistent demand, he issued cheque, which too was dishonoured and proceedings under Sec. 138 of NI Act were instituted.

(3.) It is further pointed out that, full-proof case was made out. Complainant lost his mother, and therefore, there was no prosecution. Learned trial Court dismissed the complaint only for want of prosecution. That, if case is not restored and accused is not tried, there would be injustice. Hence, he prays to allow the appeal by restoring the complaint back on the file of learned Judicial Magistrate First Class for trial.