RAMAN KUMAR Vs. PURAN CHAND

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 3/7/2023, passed by learned Additional Chief Judicial Magistrate Court No.1 Mandi, District Mandi, H.P. (learned Trial Court), vide which the complaint filed by the appellant (complainant before the learned Trial Court) was dismissed under Sec. 256 of CrPC.

(2.) Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act. The Court found sufficient reasons to summon the accused. The matter was listed on 3/7/2023 when the accused was present but the complainant was not present despite having been served by way of notice. Hence, the learned Trial Court dismissed the complaint for want of prosecution.

(3.) Being aggrieved from the order passed by the learned Trial Court, the complainant has filed the present appeal asserting that he used to appear before the Court on each and every date of hearing. The complaint got transferred from one Court to another.