RAKESH TANK Vs. MOTILAL

JUDGEMENT

(1.) Heard.

(2.) The petitioner has knocked the door of this Court by filing this petition under Sec. 482 of the Criminal Procedure Code,1973 (for short 'the Code') for setting aside/restoring the order dtd. 25/02/2017, passed by the Chief Judicial Magistrate, Ratlam in Private Criminal Complaint Case No. 1484/2010.

(3.) The intrinsic facts for adjudication of this petition are that the respondent/accused was being prosecuted in the present case under Sec. 138 of the Negotiable Instrument Act, 1881 (for short the 'Act') in the Court of Judicial Magistrate First Class, Ratlam (for short the 'Court') upon the petitioner's complaint. On 25/02/2017, the case was fixed for his cross-examination. On that day, neither he nor his counsel was present. It is alleged that the petitioner has inadvertently recorded the date of the matter as 28/02//2017 instead of 25/02/2017. Consequently, the learned Trial Judge dismissed the case in their absence.