ANURADHA AGRAWAL Vs. MAHEHDRA GUPTA

JUDGEMENT

(1.) This application under Sec. 378 (4) of Cr.P.C. has been filed against the order dtd. 4/5/2016 passed by the JMFC, Gwalior in case No.4189/2013, by which the complaint filed by the applicant under Sec. 138 of the Negotiable Instruments Act was dismissed for want of prosecution.

(2.) Challenging the order passed by the Court below, it is submitted by the counsel for the applicant that the Court below failed to see that the complainant had appeared before the Trial Court on earlier occasion, but her evidence was not recorded and under these circumstances, if she could not appear on 4/5/2016, then the Court below should not have dismissed the complaint for want of prosecution. It is further submitted that in case if the complaint is restored to its original file, then the complainant shall appear on the first date which shall be fixed for recording of her evidence.

(3.) Heard learned counsel for the applicant.