SMT. RANJANA ARNOLD Vs. SH. RAJEEV SHARMA

JUDGEMENT

(1.) By way of instant appeal filed under section 378(4) of the Code of Criminal Procedure, 1973 challenge has been laid to the impugned order dated 03.06.2015, passed by the learned Chief Judicial Magistrate, Solan, District Solan, H.P., in complaint No.423/3/2014, whereby complaint having been filed by the appellant under section 138 of the Negotiable Instruments Act, came to be dismissed in default under section 256 of Cr.P.C., 1973

(2.) Briefly stated facts as emerge from the record are that the complainant preferred complaint under section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) against the respondent, alleging therein that he had provided friendly loan to the respondent on his asking. Respondent with a view to discharge his liability issued a cheque bearing No.616808, dated 2.12.2013, amounting to Rs. 4,80,000/- drawn on Himachal Gramin Bank, Branch, Solan, H.P in favour of the complainant. However, fact remains that aforesaid cheque on presentation was dishonoured, as a result of which, complainant was compelled to initiate proceedings under Section 138 of the Act, in the court of learned Chief Judicial Magistrate, Solan, District Solan, H.P.

(3.) It also emerge from the pleadings that aforesaid complaint having been filed by the complainant came to be listed before the court concerned on 24.04.2015 for evidence of the complainant witnesses, however, the witnesses could not be examined on the said date i.e. 24.04.2015, as such, matter was ordered to be adjourned for 03.06.2015. Since neither complainant nor his counsel presented himself before the court below on 03.06.2015, learned court below dismissed the complaint having been filed by the complainant under Section 256 Cr.P.C., 1973 Learned court below while dismissing the complaint concluded that the complainant is not interested in pursuing the complaint, otherwise he would have shown sufficient cause for his absence through his counsel or otherwise. In the aforesaid background, appellant approached this Court praying therein for restoration of his complaint filed under Section 138 of the Act, after setting aside the impugned order dated 3.6.2015 passed by the learned Chief Judicial Magistrate, Solan, District Solan, H.P.