MEERA RANI Vs. SURYA INDUSTRIES AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed present petition under Section 482 Cr.P.C. for quashing of order dated 20.01.2018 (Annexure P-4) passed by learned Sub-Divisional Judicial Magistrate, Jalalabad (W), whereby the application dated 06.02.2017 (Annexure P-3) filed by the petitioner for restoration of the complaint, was dismissed.

(2.) Briefly stated, the petitioner had filed a complaint under section 138 read with Section 141 of the Negotiable Instruments Act, 1881 against the respondents on 16.04.2015. However, the said complaint was dismissed for want of prosecution by learned Magistrate vide order dated 28.01.2016. The said order dated 21.08.2016 reads as under:

(3.) Thereafter, the petitioner had filed an application seeking restoration of the complaint on the ground that the complainant is residing at Sardoolgarh, which is approximately 200 KMs away from Jalalabad (West) and the complainant used to call her counsel on mobile phone to ascertain the status of the complaint. The conducting lawyer always used to tell him that he is busy in the Court and the complainant will call him at a later stage. It was on 06.02.2017, when the complainant came to know that the aforesaid complaint has already been dismissed for non-prosecution vide order dated 28.01.2016.