JAI KUMAR JAIN Vs. VIJAY PRAKASH VIJAYWARGIYA

JUDGEMENT

(1.) APPELLANT Jai Kumar Jain preferred this criminal appeal aggrieved by the impugned order dated 25.11.2002 passed by Additional Chief Judicial Magistrate, Guna in Criminal Case No. 383/2002, whereby dismissing the private complaint filed by Jai Kumar Jain under section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") acquitted the respondent No. 1 Vijay Prakash Vijaywargiya of the offence charged.

(2.) RESPONDENT No. 2 State is a formal party in this criminal appeal. Appellant had filed a private complaint against the respondent No. 1-accused Vijay Prakash Vijaywargiya under section 138 of the Act which was registered as Criminal Case No. 383/2002. On 8.10.2002 case was fixed for examination of accused and on 25.11.2002 it was fixed for filing an application under section 311 of CrPC by appellant-complainant. On 25.11.2002 complainant-appellant and his counsel were absent and at about 4.40 p.m. private complaint was dismissed for non-appearance of complainant and respondent No. 1 was acquitted of the offence under section 138 of the Act. Aggrieved by the impugned order, appellant filed this criminal appeal.

(3.) PER contra, learned counsel for the respondent No. 1 supported the impugned order and prayed for dismissal of the appeal.