AI Structured Summary
Not yet generated for this judgment
Judgment
S.S. Mishra, J
Heard.
The petitioner is aggrieved by the order dated
10.2023 passed by the learned J.M.F.C., Kantabanji in I.C.C. Case No.01 of 2022 whereby the application of the petitioner under Section 138 of the N.I. Act has been dismissed for non-prosecution.
Learned counsel for the petitioner submits that the petitioner/complainant was suffering from brain stroke. Therefore, he was under treatment in the hospital at Vishakhapatna for which he has been frequently visiting the hospital for his treatment. Therefore, he could not prosecute the complaint case. In the present petition, in Paragaph-11 the petitioner has made the following averment:
“11. That it is respectfully submitted that last three dates have been regularized by the learned J.M.F.C., Kantabanji. The petitioner was accompanying his family member Kunjabana Meher, who was suffering from brain stroke and moving frequently to Vishakhapatna. The petitioner has no fault. Hence, he should not suffer. The petitioner is highly prejudiced. Hence the impugned order is illegal and without jurisdiction.”
Taking into consideration the explanation offered by the petitioner for not able to prosecute the complaint case, I am of the considered view that the complaint needs to be restored to its file. Accordingly, I.C.C. Case No.01 of 2022 is restored to its original file and the learned J.M.F.C., Kantabanji is directed to proceed with the complaint case as per law.
The CRLMC is accordingly disposed of.
………………………….