NARESH KUMAR Vs. BABULAL

JUDGEMENT

(1.) By the instant criminal misc. petition under Section 482, Cr.P.C., the order dated 9.1.2006 passed by Additional Chief Judicial Magistrate No.2, Udaipur (for short the Trial Court hereinafter) dismissing the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act hereinafter), has been challenged by the petitioner.

(2.) I have heard learned Counsel for the parties. Carefully gone through the order impugned.

(3.) It appears that the petitioner filed a criminal complaint under Section 138 of the Act against the respondent before the trial Court and the trial Court took the cognizance of the offence and issued process and in pursuance thereof, the respondent appeared before the trial Court and the substance of accusation was read over to him and the matter was posted for evidence of the complainant on 9.1.2006, however, on 9.1.2006, neither the complainant nor his counsel appeared and trial Court dismissed the complaint in default.