BHARATI WALIA Vs. KRISHAN MAMLAL KAPOOR AND ORS.

JUDGEMENT

(1.) The appellant is the original complainant. She had filed a complaint against the respondent no.1 herein alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act. The Metropolitan Magistrate. 38th Court, Kurla, after holding a trial, acquitted the respondent no.1. Being aggrieved by the said order of acquittal, the appellant has, after obtaining special leave of this Court, filed the present Appeal.

(2.) By an order dated 28th April 2011, this Court (Coram Smt. Roshan Dalvi, J) stipulated that the Appeal would be taken up for final hearing at the stage of admission. The matter had been appearing on board thereafter on several dates, but none appeared for the respondent no.1. The appellant and the respondent no.1 are sister and brother. It was, therefore, thought proper by this Court that the parties be given an opportunity to arrive at an amicable settlement of the dispute. However, no such settlement has been possible.

(3.) Today also, when the matter is called out for final hearing, none appeared for respondent no.1. Mr.M.S. Mohite, learned counsel for the appellant submitted that the respondent no.1 has not been remaining present, and that the final hearing of the Appeal shall not be deferred any further just because the respondent no.1 is not present.