LAWS(ORI)-2024-4-58

JITU MEHER Vs. MAHESWARI AGENCIES

Decided On April 29, 2024
Jitu Meher Appellant
V/S
Maheswari Agencies Respondents

JUDGEMENT

(1.) Heard.

(2.) The petitioner is aggrieved by the order dtd. 3/10/2023 passed by the learned J.M.F.C., Kantabanji in I.C.C. Case No.01 of 2022 whereby the application of the petitioner under Sec. 138 of the N.I. Act has been dismissed for non-prosecution.

(3.) Learned counsel for the petitioner submits that the petitioner/complainant was suffering from brain stroke. Therefore, he was under treatment in the hospital at Vishakhapatna for which he has been frequently visiting the hospital for his treatment. Therefore, he could not prosecute the complaint case. In the present petition, in Paragaph-11 the petitioner has made the following averment: