ASSOCIATED CEMENT Vs. KESHAV NAND

JUDGEMENT

(1.) ORDER :- This is an appeal filed against an order passed by the Judicial Magistrate Ist Class (Ist Addl. Munsiff) Jammu on 24-8-1996. By virtue of the impugned order the trial Court dismissed a complaint pending before it against the respondent in terms of Section 138 of the Negotiable Instruments Act and acquitted the accused-respondent. The dismissal was ordered for non-appearance of the complainant on the date of the order. The complainant has through a separate C.M.P. sought leave of the Court for filing the appeal/revision as the State had not filed one against the order of acquittal. On a perusal of this application it was found that grounds taken in the appeal are required to be taken into consideration for disposal of the application. The grounds taken in the appeal are exactly the same as in the application. Therefore, my judgment is necessarily to dispose of both. So without agreeing to the grounds of application I have granted leave to the petitioner to file the appeal/revision and have heard the learned counsel for the parties in extenso on motion hearing of the whole matter.

(2.) The grouse of the appellant/petitioner both in the application and the appeal/revision are as under :-

(3.) That no reasons for not having adjourned the case have been recorded and as such the order impugned suffers from non-application of mind;