NEERAJ KUMAR KEDIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is against the order dated 09.8.2018 passed by the learned Metropolitan Magistrate, 4th Court, Calcutta, wherein the accused O.P no. 2 was acquitted from Complain Case no. C-37773 of 2009 under Section 138 of the Negotiable Instrument Act.

(2.) The record reflects that on 03.8.2018 date was fixed for arguments of the case. As the complainant was absent on 03.8.2018, the learned Magistrate was pleased to issue show cause to the complainant why the case should not be dismissed for non-prosecution and thereafter on 09.8.2018 the learned Magistrate acquitted the accused O.P no. 2 from the case under Section 256(1) Cr.P.C. Later on the same day a prayer was advanced on behalf of the complainant for affording certain time to file show cause. However, the order being passed earlier the learned Court did not entertain the same.

(3.) It is reflected from the records of the case that in this case evidence has already been recorded on behalf of the prosecution as well as the defence. The examination under Section 313 Cr.P.C was also conducted. Subsequently, an application under Section 311 Cr.P.C was pending when the learned Court was pleased to reject the same and fix dates for final argument of the case on merits.