ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who happens to be the complainant of Complaint Case No. 53 of 2007 is aggrieved by the order dated 12.3.2007 passed by the learned Sessions Judge, Gaya in Criminal Revision No. 34 of 2007 whereby he was pleased to dismiss the revision preferred by the petitioner against the order dated 9.2.2007 passed by the learned Chief Judicial Magistrate, Gaya in Complaint Case No. 53 of 2007 whereby he has dismissed the complaint for non prosecution.

(2.) IT appears that the petitioner herein filed the aforesaid complaint case on 12.1.2007 alleging commission of offence under Sections 406, 420 I.P.C. and 138 of the Negotiable Instruments Act and the first date fixed in the said case was 13.1.2007 on which date the complainant could not attend court due to the illness of his father and 24.1.2007 was fixed as the next date. On 24.1.2007 the complainant filed his attendance through the Advocate but due to some misunderstanding he could not appear in court as a result of which the case was fixed for 2.2.2007. On that date the complainant filed his attendance and the next date fixed was 9.2.2007. However, in the mean time on 5.2.2007 his father expired but nevertheless the complainant came to court and told his counsel that in view of the death of his father he was in a state of shock and it was not possible for him to appear in court for his statement on S.A. but as it appears though attendance was filed in court no one responded when the case was called out and as such the complaint petition was dismissed by the learned Chief Judicial Magistrate, Gaya.

(3.) IT has been submitted on behalf of the petitioner that he has a very good case since the cheque issued by the accused had bounced and a sympathetic view may be taken as the shock suffered by him by the death of his father was a tentative cause for his non appearance in court.