SUBHASH VISHWNATH EKTARE Vs. ANAND SUDARSHAN DHARMADHIKARI

JUDGEMENT

(1.) This is an Appeal under Sec. 378(4) of the Code of Criminal Procedure, 1973 [hereinafter referred to as 'Cr.P.C.'] against the order dtd. 17/5/2024 passed by the learned Judicial Magistrate First Class, (Court No.1), Latur, in S.C.C. No. 382 of 2017, dismissing the Complaint filed by the Appellant against the sole-Respondent for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as the 'NI Act'], for want of prosecution.

(2.) Heard the learned Advocate for the Appellant and the learned Advocate for the sole Respondent. Perused the papers on record.

(3.) It is submitted by the learned Advocate for the Appellant that, only on two [2] dates, the Appellant could not attend the proceedings before the learned Magistrate, and the impugned order came to be passed by observing that the Appellant was not interested to proceed with the matter. The Appellant could not attend the said dates due to his old age. He submits that an opportunity be given to the Appellant to contest the matter on merits and the same be remanded to the learned Trial Court.