DIPALI ENTERPRISES, NILANGA Vs. SANJAY

JUDGEMENT

(1.) Heard. Admit. The present appeal is taken up for final hearing on merit with the consent of both sides.

(2.) The appellant-complainant preferred the present appeal by invoking the remedy under Section 378 of the Code of Criminal Procedure, 1973, and agitated the validity and legality of the impugned order passed by the learned Judicial Magistrate, First Class, Nilanga, dated 07th April, 2016, for acquittal of the respondent-accused in the proceedings of SCC No. 565 of 2012, filed under Section 138 of the Negotiable Instruments Act, 1881 (N.I.Act).

(3.) The factual matrix of the matter in nutshell is that, the appellant was doing the business of building materials. The respondent-accused came in contact with the appellant through common friends. The accused was in employment as Headmaster in the educational institution. Being cordial relation, the appellant allowed respondent-accused to purchase building materials worth of Rs.1,65,400/- for the construction of school. But, thereafter, no response from the respondent-accused for payment of cost of building material. The appellant insisted for price of building material. Eventually, respondent-accused issued a cheque of Rs.1,65,400/- in favour of appellant-complainant. But, it was dishonoured for lack of funds. The statutory notice was issued to the respondent, but, there was no response. At last, the appellant initiated penal action against the respondent-accused under Section 138 of N.I.Act bearing SCC No. 565 of 2012. The learned Magistrate issued process against respondent-accused. Thereafter, the matter was listed for further process. The learned Magistrate recorded the particulars of offence by explaining the accusation to the accused on 26-04-2013 and matter was kept for adducing the evidence on behalf of complainant. However, since 17-08-2015, there was no progress into the matter for evidence on behalf of appellant-complainant. Eventually, the circumstances constrained the learned Magistrate to dismiss the complaint for want of prosecution and passed the impugned order, which is the subject matter of present appeal.