BOBY Vs. VINEETKUMAR

JUDGEMENT

(1.) THE appellant was a complainant in complaint No. 120-3 of 2007, filed under Section 138 of the Negotiable instruments Act, in short 'the Act' against the respondent.

(2.) THE complaint was dismissed in default vide order dated 25-7-2007 by the judicial Magistrate, Court No. (3), Shimla, which has an effect of acquittal.

(3.) AGAINST dismissal of her complaints the appellant herein preferred a revision petition in the Court of Session, which was withdrawn on 6.-6r2008, perhaps realizing that the revision was not competent and the order was appealable. As such, the present appeal has been filed, assailing the order of dismissal in default, which was barred by, limitation, however, vide order dated 26-2-2009, the delay was condoned.