RAMESH SHARMA Vs. PRAMOD SHARMA

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of Cr.P.C. by the petitioner being aggrieved by order of Sessions Judge, Gwalior, in Criminal Revision No.189/2017 on 1/6/2017 by which he has affirmed the order of Judicial Magistrate First Class, Gwalior, in Criminal Case No.2089/2014 on 24/7/2015.

(2.) Brief facts of the case necessary for disposal of this petition are that petitioner has filed a complaint under Sec. 138 of the Negotiable Instruments Act before the competent Court. After registration of the complaint, case is fixed for 24/4/2014 for paying process fee. Thereafter on 24/7/2015 his complaint was dismissed due to absence of the petitioner and non-payment of process fee for issuance of notice to the respondent. Petitioner thereafter filed an application on 15/1/2016 for restoration of his complaint which was dismissed by order dtd. 22/2/2016 on the ground that Court is having no jurisdiction to review its own order. Without assailing the original order of dismissal of complaint dtd. 24/7/2015, petitioner filed a revision being aggrieved by order dtd. 22/2/2016 by which his application for restoration of complaint has been dismissed. Revisional Court dismissed his revision on the ground that there is no provision in the Cr.P.C. for restoration of a complaint which was dismissed for non- appearance of the petitioner and non-payment of process fee. Being aggrieved by the aforesaid orders, petitioner has filed this petition.

(3.) Heard learned counsel for the parties and perused the record.