RAJENDRA Vs. DHONDIBA

JUDGEMENT

(1.) This appeal is preferred under Sec. 378 of the Code of Criminal Procedure (for short "Cr.P.C.) against the impugned order dtd. 5/12/2017 passed by learned Judicial Magistrate, First Class, Georai, District Beed, in SCC No. 209 of 2013, whereby, the learned Magistrate dismissed the complaint by invoking remedy under Sec. 256 of the Cr.P.C. and acquitted the respondent - original accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "NI Act"), due to absence of the complaint and his failure to take steps to proceed into the matter.

(2.) Learned counsel for the appellant contends that appellant- original complainant initiated penal proceeding under Sec. 138 of the NI Act against respondent - accused before learned Magistrate, Georai, District Beed. Pending the proceeding, appellant/complainant did not secure his presence for cross-examination on behalf of accused. Moreover, there was no steps taken on behalf of appellant - original complainant for securing presence of respondent-accused in this matter. In view of lackadaisical attitude on the part of complainant, the learned Magistrate taking recourse of Sec. 256 of the Cr.P.C. dismissed the complaint and acquitted the respondent- accused in the present matter.

(3.) Being aggrieved by the impugned order of acquittal of respondent-accused, passed by the learned Judicial Magistrate, First Class, Georai, the appellant-original complainant preferred the present appeal to redress his grievance.