ABDUL MUKTADIR (MD) Vs. AKSHAT JHUN JHUN WALA

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the petitioner alongwith Mr. K. Paul, learned senior counsel for the opposite party respondent.

(2.) This is a petition submitted under Sec. 482 of the Code of Criminal Procedure for setting aside the impugned Judgment & Order dtd. 26/8/2019 passed by the learned Chief Judicial Magistrate in connection with Complaint Case No. 105/2013.

(3.) Brief facts of thecase leading to the instant Criminal Petition is that the petitioner had instituted a complainant case before the learned Chief Judicial Magistrate for bouncing of cheque under Sec. 138 of the Negotiable Instruments Act. The petitioner's case is that he had constructed a retaining wall at Zokhawsang Zemabawk, Assam Rifles, Aizawl for the respondent by spending a huge amount of money and the respondent gave him a cheque amounting to Rs.27,23,739.00, but the same was bounced as the bank informed the petitioner that the account of the respondent was closed. The petitioner then served notice upon the respondent but since the respondent did not pay the amount, he had filed the complaint before the Chief Judicial Magistrate. That when the case came up for orders on 26/8/2019, the complainant/petitioner's lawyer had gone to Lunglei for another case. Since he could not attend the case on 26/8/2019, the case was dismissed for nonprosecution. Aggrieved by the dismissal order dtd. 26/8/2019, hence the instant petition.