NABA KAMAL BHUYAN Vs. GULABCHAND JAIN

JUDGEMENT

(1.) The Petitioner made, as complainant, a complaint, seeking prosecution of the opposite party herein, as accused, under Sec. 138 read with 142 of the Negotiable Instruments Act ('The N.I. Act').

(2.) After recording statement of the Petitioner, as complainant, under Sec. 200, Code of Criminal Procedure, the learned Chief Judicial Magistrate, Kamrup, Guwahati, passed an order, on 20.1.2007, directing issuance of summons against the accused-Petitioner. The accused did not appear in the case since after passing of the order, dated 20.1.2007, aforementioned. Eventually, the case came to be fixed for necessary order on 28.3.2007. On the date, so fixed, i.e., on 28.3.2007, the complainant and also the accused remained absent without taking steps. In such circumstances, the learned court below passed an order, on 28.3.2007, dismissing the complaint for default and discharging the accused named in the complaint, Aggrieved by the order, dated 28.3.2007, the Petitioner filed the Criminal Revision No. 109(K)/2007. This revision has been dismissed by the judgment and order, dated 11.9.2007. In these circumstances, the complainant has made this application, under Sec. 482, Code of Criminal Procedure, seeking to get set aside not only the order, dated 11.9.2007, but also the order, dated 28.3.2007, and further to get the complaint restored.

(3.) Heard Mr. H.L. Maurya, learned Counsel for the complainant-Petitioner. None has appeared on behalf of the opposite party.