PUNJAB NATIONAL BANK Vs. GANPATI STEEL FURNITURE

JUDGEMENT

(1.) The present criminal leave to appeal is being disposed off at the admission stage itself.

(2.) The appellant has preferred the criminal leave to appeal under Sec. 378(4) Cr.P.C. against the impugned order dtd. 1/4/2019 passed by the learned Special Judge (N.I. Act Cases) No. 1, Jaipur Metropolitan, Jaipur in Criminal Case No. 4741/2018, whereby, the complaint under Sec. 138 of the N.I. Act was dismissed in default and respondent was acquitted from the charge under Sec. 138 of the N.I. Act.

(3.) Learned Counsel for the appellant submits that the impugned order has been passed due to non-appearance of the complainant and thereafter accused- respondent was acquitted from the above charge. He further submits that the order of learned Trial Court suffers from patent illegality. The present complaint was filed alongwith two other complaints as Case Nos. 4742/2018 and 4743/2018. He submits that all the aforesaid complaints including present complaint were transferred from the Court of Negotiable Instrument Act Cases No. 8, Jaipur Metropolitan, Jaipur to the Court of Negotiable Instrument Act Cases No. 1, Jaipur Metropolitan, Jaipur on 13/8/2018 and the next date was fixed for all the three cases as 16/1/2019. He submits that in Case Nos. 4742/2018 and 4743/2018 the next date was fixed as 17/5/2019 and Counsel for the complainant noted the next date presuming in the present case also as 17/5/2019.