YASHWANT SINGH Vs. PYARELAL UIKEY

JUDGEMENT

(1.) THIS criminal appeal under section 378 (4) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the impugned order dated 30.11.2007 passed in Complaint Case No. R.T. 1040/2007 by Special Judicial Magistrate, Bhopal, whereby the complaint filed under section 138 of the Negotiable Instruments Act (for short 'the Act') has been dismissed on account of the non-appearance of the complainant and acquitted the respondent.

(2.) THE brief facts of the case are that the complainant/appellant filed complaint under section 138 of the Act on 22.2.2006. It was registered on 12.7.2006. THE respondent was summoned. He appeared. THE charge has been framed on 7.8.2007. Complainant produced his affidavit on 7.9.2007. THE respondent counsel sought adjournment on 27.10.2007 and 14.11.2007. THE case was fixed for the cross-examination on the affidavit of the complainant on 30.11.2007. On this date the complainant and his counsel remained absent. Consequently, the complaint was dismissed. THE respondent was acquitted. Being aggrieved by the impugned order, the instant appeal has been preferred on the ground mentioned in the momo of appeal.

(3.) I have heard the learned counsel for the parties at length and perused the record.