TARA Vs. FIRM R. G. LOHAR

JUDGEMENT

(1.) This application under Sec. 378(4) of Cr.P.C, 1973 has been filed by the complainant/victim against the judgment dtd. 10/11/2010 passed by the Judicial Magistrate First Class, Burhanpur in Criminal Case No. 257/2006 whereby the learned trial Court has acquitted the respondents (herein) of the charges under Sec. 138 of the Negotiable Instruments Act, 1881 due to non- appearance of Complainant before the Court. The trial Court dismissed the complaint by invoking the provisions of Sec. 256 of Cr.P.C. As per Sec. 256 of Cr.P.C, when the complainant does not appear before the Court, the Court may dismiss the complaint and discharge the accused from the charge, which is deemed to be acquittal.

(2.) Aforesaid criminal case was instituted on the basis of private complaint filed by the victim/applicant.

(3.) The question before this Court is whether instant petition is covered under proviso to Sec. 413 of BNSS (Sec. 372 of Cr.P.C.).