UMA DUTT Vs. PAWAN KUMAR THAKUR

JUDGEMENT

(1.) The question raised in this appeal is a pure question of law and is otherwise no longer res integra insofar as this Court is concerned. Moreover, this appeal emanates from the proceedings initiated by the appellant under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short 'Act') wherein the amount in dispute is only '50,000/-.

(2.) This Criminal Appeal is directed against the order dated 23.11.2016 passed by learned Additional Chief Judicial Magistrate, Court No.2, Shimla, in a Criminal Complaint No.549-111/14/2013 of 2016 filed by the appellant, whereby the complaint filed by him under the Act, came to be dismissed for want of prosecution. The impugned order passed by the learned trial Court reads thus: "

(3.) This Court in Vinod Kumar Verma vs. Ranjeet Singh Rathore, Criminal Appeal No. 367 of 2015, decided on 6.5.2016 has in similar circumstances where the complaint under the Act had been dismissed in default observed as under:-