PRAMOD KUMAR PATI Vs. PRADYUMNA KUMAR BRAHMA

JUDGEMENT

(1.) The Petitioner has filed this application under Sec. 482 Code of Criminal Procedure challenging the order of the Learned J.M.F.C., Bhubaneswar dated 28.10.2005 passed in I.C.C. No. 2504 of 2004, under which the complaint of the Petitioner has been rejected and the accused has been acquitted under Sec. 256 Code of Criminal Procedure., for non appearance of the Petitioner.

(2.) The Petitioner had filed complaint under Sec. 138 of the Negotiable Instrument Act (for short 'Negotiable Instruments Act') against the Opposite Party and the Learned S.D.J.M., Bhubaneswar took cognizance of the offence under Sec. 138 of the Negotiable Instruments Act and issued summons to the Opposite Party. The case was subsequently transferred to the file of Learned J.M.F.C., Bhubaneswar.

(3.) The case of the Petitioner is that on 10.5.2005 while the aforesaid Complaint Case (I.C.C. No. 2504 of 2004) was transferred to the file of Learned J.M.F.C., Bhubaneswar, no date was mentioned in the file for appearance of the Petitioner (complainant). The Learned Magistrate received the records of the case on 2.6.2005 and posted the case to 22.6.2005 without any notice by way of summon or intimation to the Petitioner. Hence, the Petitioner was not aware of the posting of the case and subsequently from Order Dated 6.9.2005, the Petitioner was surprised to learn that the Learned Magistrate has noted in the said order that the complainant has filed a petition for trial to adduce evidenced and accordingly time was allowed till 25.10.2005. The Petitioner submits that he had no knowledge of the transfer of case to the file of the Learned J.M.F.C., Bhubaneswar and there was no question of the seeking time on 6.9.2005, as he was not aware of the said date nor about the proceeding before the Learned J.M.F.C. It is specifically submitted that the Petitioner (complainant) has never sought for time or had filed any petition in that regard and the Learned J.M.F.C. has wrongly noted the same in its Order Dated 6.9.2005 and had posted the case to 25.10.2005. On that date, the Learned Magistrate had noted the non -appearance of the Petitioner and posted the matter to 28.10.2005. On the said date, the Learned Magistrate has proceeded to reject the Petitioner's complaint and acquitted the accused under Sec. 256 Code of Criminal Procedure on the ground of absence of the complainant, about which the Petitioner came to know much after, on verification of the Court records.