RIGHT SERVICES RATLAM Vs. CHHOTU BHAIYA ROAD LINES

JUDGEMENT

(1.) This judgment shall also govern the disposal of connected Criminal Appeal No. 159 of 2003 (Chandra Prakash Chordiya v. M/s. New Jain Doodh Dahi Bhandar, Indore)

(2.) This appeal has been filed under Section 378 (4) of the Code of Criminal Procedure (for short "the Code") against the impugned order dated 20-12-2001 passed by the Judicial Magistrate, First Class, Ratlam, in Criminal Case No. 338/2001, by which the trial Court has dismissed the private complaint in the absence of the complainant having filed under Section 138 of the Negotiable Instruments Act (for short "the Act") and has also acquitted the respondent/accused.

(3.) In Criminal Appeal No. 4362 of 2002, the trial Court has also dismissed the complaint filed under Section 138 of the Act vide order dated 28-9-2002 in the absence of the complainant and also acquitted the respondent/accused and thereafter also dismissed the application for restoration, against which the appellant has preferred this appeal after obtaining leave from this Court.