HEMANT KUMAR Vs. SHER SINGH

JUDGEMENT

(1.) Instant appeal has been filed against impugned order, dated 17th July, 2017, passed by learned Judicial Magistrate 1st Class, Court No. 2, Mandi (hereinafter referred to as "Magistrate") in Criminal Case No. 430 III/17/10, whereby the complaint filed by appellantHemant Kumar against respondentSher Singh under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as "NI Act"), came to be dismissed in default for want of prosecution on behalf of the complainant when the case was listed for presence of complainant after transfer of the case from Court No. 4 to Court No. 2.

(2.) It is apt to reproduce relevant portion of the impugned order herein:

(3.) In view of Sec. 143 of the NI Act, offence under Sec. 138 of the NI Act is to be tried summarily and accordingly, procedure for summons case provided in Chapter XX of the Code of Criminal Procedure (hereinafter referred to as "CrPC") is applicable during the trial initiated on filing a complaint under Sec. 138 of the NI Act. In this Chapter, Sec. 256 Crimial P.C. deals with a situation of nonappearance or death of complainant.