VIJAY SINGH Vs. SURENDRA SINGH

JUDGEMENT

(1.) A private complaint was filed under Section 138 of the Negotiable Instrument Act (for short 'the Act') by the complainant Vijay Singh against the accused/Respondent Surendra Singh before the Trial Court for dishonour of cheque of Rs. 35,000/-. Case was registered at Criminal Case No. 1479/2005. In this case, statement of the complainant was recorded and the case was pending for remaining evidence of the complainant. On 26/05/2007, the complainant and his advocate could not appeared in the Court at the call of the case, while the Respondent accused along his advocate was present, the Court dismissed the complaint due to absence of the complainant and acquitted the Respondent/accused from the charges under Section 138 of the Act.

(2.) It has been argued on behalf of the Appellant that in this case, statement of the complainant was recorded and he was cross-examined by the Respondent and the case was fixed for remaining evidence of the complainant on 26/05/2007. On single default of appearance of the complainant and his advocate, the case was not liable to be dismissed, but the Court must have adjourned it for further date. Thus, the Court has committed error in dismissing the complaint of the complainant.

(3.) It has been argued on behalf of the Respondent that the case has rightly been dismissed as none appeared for the complainant and his evidence was not presented. Hence the appeal being baseless be dismissed.