MITTAL ASSOCIATES Vs. UTTAM POULTRY FARM

JUDGEMENT

(1.) This appeal was preferred by the original complainant in a private case No. 59/28.03.2000, under Section 138 read with sections 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') against judgment dated 09.12.2003 passed by Judicial Magistrate, Chandigarh, by which the complaint filed by the appellant complainant was dismissed for want of prosecution.

(2.) None appeared for the accused-respondents, though, duly served.

(3.) Learned counsel for the appellant contended that the trial Court should not have dismissed the case for want of prosecution as the trial Court itself issued notice to the complainant for 09.12.2003 vide order dated 25.09.2003. Under the impugned order, though, the complainant was not served contrary to the earlier order, the complaint was dismissed for want of prosecution.