RAJU GOVINDRAO PARAYE Vs. PRABHAKAR THAKRE

JUDGEMENT

(1.) RULE. Returnable forthwith.

(2.) HEARD finally with the consent of parties.

(3.) THE present appellant has instituted criminal complaint case under Section 138 of the Negotiable Instruments Act against the present respondent. After recording the verification statement of the complainant learned Magistrate has passed an order issuing process against the accused. It appears that the case was transferred from one Court to another on many occasions and on the date the complaint came to be dismissed, it was in fact fixed for return of the summons and the accused was not even served with summons. Since the complainant did not appear on the date the matter was fixed i. e. on 15.12.2006, the learned Magistrate dismissed the complaint and acquitted the accused and being aggrieved by that order this appeal has been preferred.