SHARVAN KUMAR Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner/ complainant challenging the order dated 17.6.2010 passed by the Special Judicial Magistrate (N.I. Act Cases) Sri Ganganagar rejecting the complaint filed by the petitioner under Sec. 138 of the Negotiable Instruments Act, in default and the order dated 29.8.2012 passed by the Sessions Judge, Sri Ganganagar rejecting the revision filed by the petitioner against the said order.

(3.) The contention of the learned Counsel for the petitioner is that the petitioner was not at fault in the matter because on the date fixed for hearing before the Trial Court i.e. on 7.12.2009, the matter was transferred to another Court and as the petitioner was not aware about the transferee Court, he could not appear before the Court for giving evidence. He submits that prior to-that, in the petitioner was not responsible for the delay in the matter because the matter was mostly adjourned as the Lawyers were not, attending the Court as & they were observing strike. He thus submits that the order dated 17.6.2010 rejecting the complaint filed by the petitioner and the order dated 29.8.2012 rejecting the revision be quashed.