AI Structured Summary
Not yet generated for this judgment
Judgment
B.V. Pinto
This petition is filed seeking to set aside the Order dated 27.01.2009 passed by the JMFC, Mandya in PCR NO. 352/2002, which is registered as C.C. No. 282/2003 on the file of the said Court. Challenging the said order of dismissal, the petitioner erroneously filed Criminal Revision Petition No. 209/2009 before the Addl. Sessions Judge, at Mandya and the learned Sessions Judge dismissed the said revision petition by Order dated 24.09.2009. Challenging the said order of dismissal, the petitioner is before this Court.
It is the case of the petitioner that the accused has issued a cheque for Rs. 1,50,000/- and the cheque when presented, got dishonoured. Thereafter, the petitioner filed a complaint before the Court below. When the matter was set for appearance of the accused, even before the summons were served on the accused, the Trial Court dismissed the complaint on the ground that complainant was absent.
Heard Sri. M.Chandrashekar learned counsel for the petitioner.
It is seen that the complaint has been dismissed without giving an opportunity to the complainant to prove his case. Learned counsel for the petitioner submits that the accused was absconding and therefore, they took some time to trace the accused. Having regard to the fact that the cheque is for Rs. 1.50,000/-, it is necessary in order to do complete justice to the petitioner to give another opportunity to prove his case.
Hence, the order dated 27.01.2009 is quashed with a direction to restore the case in C.C. No. 282/2003 on its file by the JMFC. Mandya and dispose of the matter afresh, after taking stringent steps to secure the presence of the respondent/accused. Petition is allowed.