PARKASH SINGH Vs. HARPAL SINGH

JUDGEMENT

(1.) Accused of the criminal complaint No.76 of 2012 titled as 'Harpal Singh vs Parkash Singh' (Annexure P-1) pending in the Court of learned Judicial Magistrate 1st Class, Patiala, is in this revision against the order dtd. 15/12/2016 passes in criminal revision N: CRR 545 of 2016, whereby the said complaint dismissed in default by learned Magistrate, was allowed to be restored by the learned Additional Sessions Judge, Patiala.

(2.) Brief facts for disposal of the present revision are that complaint in question was filed on 1/6/2015 regarding the dishonour of the cheque dtd. 6/4/2015 for an amount of Rs.2,40,000.00 issued by the accused in favour of the complainant. Said complaint was filed after making all the statutory compliances. After recording preliminary evidence, summoning order was passed on 22/7/2015. On 23/9/2015, the case was fixed for appearance of the accused, when nobody appeared for the complainant and so, the complaint was dismissed in default for want of prosecution. Application for restoration moved on the very next day i.e. 24/9/2015 was dismissed by the learned Magistrate on 23/12/2015, which led the complainant to file a revision. Said revision has been allowed by the learned Additional Sessions Judge, Patiala vide impugned order dtd. 15/12/2016, against which this revision is filed.

(3.) It is contended by learned counsel for the petitioner that dismissal of the complaint for want of prosecution, amounted to acquittal of the accused-petitioner as per Sec. 256 of the Code of Criminal Procedure, against which only the appeal could lie and therefore, the revision petition filed before the learned Additional Sessions Judge, Patiala, was not maintainable. Learned counsel has relied upon the judgment of the Hon'ble Supreme Court of India in case of 'V.K. Bhat vs G. Ravi Kishore and another' reported as 2016(2) R.C.R.(Criminal) 793, wherein it has been held that when the complainant is not appearing in a complaint case under Sec. 138 of the Negotiable Instruments Act, 1881 and the complaint is dismissed in default, it amounts to acquittal of the accused under Sec. 256 of the Code of Criminal Procedure.