BABULAL KHANDELWAL Vs. LILADHAR

JUDGEMENT

(1.) HEARD on the question of admission as well as for final hearing.

(2.) A private complaint was filed under Section 138 of the Negotiable Instrument Act (for short "the Act") by the complainant against the accused/ respondent before the Trial Court. The case was fixed for evidence on 27-6-2007, but the appellant was not present, hence the complaint was dismissed and the accused/respondent was discharged.

(3.) IN Mohd. Azeem Vs. A. Venkatesh and another, reported in (2002) 7 SCC 726, it has been held that the Court adopted a very strict and unjust attitude resulting in failure of justice. IN our opinion, the learned Magistrate committed an error in acquiring the accused only for absence of the complainant on one day and refusing to restore the complaint, when sufficient cause for absence was shown by the complainant.