PARTAP SINGH Vs. SURESH VERMA

JUDGEMENT

(1.) THE present revision petition under Section 397 Cr.P.C. has been filed against the order, dated 16.10.2012, passed by the learned Judicial Magistrate Ist Class, Court No.III, Shimla, vide which he had dismissed the complaint filed by the complainant and the accused/respondent was acquitted.

(2.) NONE has put in appearance for the respondent, though on the last date, it was observed that power of attorney has been filed by the counsel for the respondent.

(3.) A perusal of the record shows that the complaint was filed under Section 138 of the Negotiable Instruments Act by the complaint/petitioner as against the respondent. The complaint was being tried by the learned trial Court and on 16.10.2012, it was observed that the complainant was not present and had sought exemption from personal appearance for the date fixed. It was also observed that already five opportunities had been given to the complainant and still time had been sought to produce the witnesses. Therefore, the order was passed closing the evidence of the complainant and dismissing the complaint leading to the acquittal of the respondent.