AGARWAL FOOT WEAR, NOHAR Vs. HEMANT DAS

JUDGEMENT

(1.) The instant complainant's appeal is directed against the order dated 5.12.2016 passed by learned Special Judicial Magistrate, N.I. Act Cases No. 3, Jodhpur Metro whereby the complaint submitted on behalf of the appellant complainant under section 138 of the N.I. Act against the respondent No. 1 was dismissed for non-prosecution.

(2.) Having considered the entirety of facts and circumstances as indicated from the record and keeping in view the peculiar facts and circumstances of the case at hand, I am of the opinion that the appellant complainant deserves to be given one more opportunity to prosecute his complaint against the respondent No. 1 subject to the deposition of cost to the tune of Rs. 5000.00.

(3.) Accordingly, the appeal is allowed. The impugned order dated 5.12.2016 passed by learned Special Judicial Magistrate, N.I.Act Cases No. 3, Jodhpur Metro is quashed and set aside subject to condition that the appellant deposits a demand draft of Rs. 5000.00 in the court below within a period of four weeks from today. Upon the demand draft being deposited by the appellant complainant, the complaint shall be restored to its original number and shall be taken to its logical conclusion. The demand draft so deposited by the appellant complainant shall be paid to the respondent No. 1 accused upon his appearance in the trial court.