PAYAL GANGTA Vs. VIVEK JUSTA

JUDGEMENT

(1.) The instant revision petition is preferred by the petitioner- complainant against the order passed by the learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P. whereby the complaint filed by the her was ordered to be dismissed for want of prosecution vide order dated 23.04.2018.

(2.) Brief facts of the case are that, on 01.11.2017, the petitioner filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short N.I. Act) for dishonour of cheque amounting to Rs.2,50,000.00.

(3.) The case was initially listed on 22.11.2017 for office report and on the said date notice for presence of the attorney of the complainant was issued for 15.01.2018. On 15.01.2018, the attorney of the petitioner could not appear and consequentially the matter was adjourned to 17.02.2018 when again notice was issued to the attorney of the complainant to appear before the Court on 23.04.2018, but once again he could not appear and accordingly the complaint was ordered to be dismissed for want of prosecution.