LALTA PRASAD BAGHEL Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard the learned counsel for the parties on admission. This petition has been preferred under Section 378(4) of the Cr.P.C. for grant of leave to appeal against the order dated 16.05.2013 passed by the Judicial Magistrate First Class, Shivpuri in Criminal Case No. 681/2011, whereby private complaint filed by the applicant has been dismissed in absence of the applicant and acquitted the respondent.

(2.) Short facts of the case are that the applicant had filed a Criminal Complaint No. 681/2011 (Lalta Prasad Baghel v. Ramesh Kumar Baghel) , for the prosecution of the respondent under Section 138 of the Negotiable Instrument Act in the Court of JMFC, Shivpuri. The trial Court registered case on 16.05.2011. The respondent appeared in the case first time on 04.04.2012. The trial Court framed the charges against him under Section 138 of Negotiable Instrument Act on 18.02.2013 and fixed the case for evidence of the applicant on 05.03.2013, 22.03.2013, 15.04.2013 and 16.05.2013. On 16.05.2013, the trial Court dismissed the case in absence of the applicant and acquitted the respondent from the charge of Section 138 of Negotiable Instrument Act. Feeling aggrieved by the order, the applicant has filed an application under Section 378(4) of the Cr.P.C.

(3.) Applicant stated in his application that on hearing of case on 16.05.2013, applicant was out of station, after his retirement he had taken a job at Satna so the applicant could not appear on 16.05.2013 before the trial Court, therefore, absence of the applicant before the trial Court be condoned and matter be restored and decided its own merits.