M/S. CLASSIC ENTERPRISES Vs. GANI SHYAM

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the order dtd. 18/11/2013 passed by the court of learned Sessions Judge, Jammu, whereby the acquittal appeal filed by the petitioner was dismissed and also for quashing order dtd. 20/8/2013 passed by the court of learned Special Mobile Magistrate (Passenger Tax and Shops Act) Jammu (hereinafter to be referred as the trial court), whereby the complaint under Sec. 138 Negotiable Instruments Act (for short the Act) filed by the petitioner was dismissed for want of prosecution evidence.

(2.) It is stated that the petitioner had filed a complaint under Sec. 138 of the Act against the respondent and the respondent sought number of opportunities to settle the dispute and had sought time to pay back the amount due to the petitioner. As the compromise was going on between the parties and the respondent had paid a sum of Rs.10,000.00 in the court, so the petitioner did not feel any need to produce any witness in support of the complaint. On 17/8/2013, when the matter was again taken up the learned trial court for the first time gave last and final opportunity to the petitioner to produce the witness and the matter was kept on 20/8/2013. On 20/8/2013, the petitioner along with his counsel appeared and requested the learned trial court to record the statement of the complainant/petitioner, but since the accused respondent herein was not present, therefore, the matter was passed over and the same was directed to be taken up for recording the statement of the petitioner after completion of all the criminal matters. Learned counsel for the petitioner along with the petitioner went to the court to get the statement of the petitioner recorded but instead the counsel for the petitioner was told that the complaint of the petitioner was dismissed in default as also for want of prosecution evidence.

(3.) Feeling aggrieved of order dtd. 20/8/2013, the petitioner filed an acquittal appeal before the Sessions Court Jammu, however, the learned Sessions Judge, Jammu vide order dtd. 18/11/2013 dismissed the appeal filed by the petitioner.