MOHD. HANIF KHAN S/O SHEIKH WAHID, AGED ABOUT 49 YEARS, R/O H.NO.85, ASHOK VIHAR, NAGAR NIGAM COLONY, BHOPAL (M.P.) Vs. ASHOK GOYAL, S/O PRAHLAD DAS GOYAL, AGED ABOUT 48 YEARS, R/O 18 OMKAR BHAWAN SHYAMLA HILLS, BHOPAL (M.P.)

JUDGEMENT

(1.) The applicant has filed the application under Sec. 378(4) of the Crimial P.C. seeking leave to present an appeal against the impugned order of acquittal dated 07.09.2012, passed by the Fast Track Court of the JMFC, Bhopal (for short 'the court') in R.T. No. 51/09 the parties being Mohd. Hanif Khan Vs. Ashosk Goyal, acquitting the respondent of the charge under Sec. 138 of the Negotiable Instruments Act, 1988 (for short 'the Act') dismissing the complaint in the absence of the applicant and his counsel.

(2.) Brief facts of the case for just and proper adjudication of the application are given below:-

(3.) The learned counsel for the applicant submitted that the case was initially registered in the regular court of JMFC. After formation of the Fast Track Courts of JMFC at Bhopal the case was transferred to one of the Fast Track Courts. This fact was not in the knowledge of him or his advocate for want of proper notification by the office of the District Judge, Bhopal. Therefore, on the date of impugned order, neither he nor his counsel was present. As such, their absence was bona fide. She further submitted that a huge amount is involved in the case. Under the circumstances, the case is required to be decided on merits to provide complete justice to the applicant. Hence, it is prayed that the leave to appeal be granted.