POOJA SHARMA Vs. SURESH KUMAR

JUDGEMENT

(1.) Present appeal has been filed against impugned order dated 23rd July, 2018 passed by learned Judicial Magistrate 1st Class, Court No. III, Ghumarwin, District Bilaspur (hereinafter referred to as "Magistrate") in Criminal Case No. 41-3/2017, whereby the complaint filed by appellant-Pooja Sharma against respondent-Suresh Kumar under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as "NI Act"), has been dismissed in default for non-appearance of parties when the case was listed for service of respondent.

(2.) As the complaint filed by the appellant has been dismissed prior to the service of respondent Suresh Kumar in the trial Court and impugned order has been passed in his absence, therefore, it has not been considered appropriate to issue the notice to respondent for the purpose of deciding present appeal. However, record of the trial Court has been summoned and perused.

(3.) The impugned order passed by the Magistrate is reproduced herein:-