AI Structured Summary
Not yet generated for this judgment
Judgment
Farjand Ali, J
By way of filing the instant Criminal Appeal the appellant has challenged the legality of the order dated 30.07.2022 passed by the learned Judicial Magistrate (N.I. Act Cases) No.6, Udaipur in Criminal Case No.3893/2016 whereby the learned Judge has dismissed the complaint filed by the appellant and acquitted the accused respondent from the charge under Section 138 of the N.I. Act.
Learned counsel for the appellant submits that appellant was vigilant to pursue his cause but due to miscommunication between him and his lawyer, he failed to remain present before the trial Court when the matter was called for hearing; the learned Magistrate has dismissed the complaint which involves legitimate rights of the petitioner and as a consequence of which, he has been deprived from getting justice. He cannot be left remediless.
Learned counsel for the respondent opposed the submissions advanced by the learned counsel for the appellant and supports the order passed by the Court below.
Heard learned counsel for the appellant as well as learned counsel for the respondent and perused the record of the case.
The learned trial Judge has passed the impugned order dismissing the complaint on account of non-proseuction on the ground of non-appearance of the complainant. On a perusal of the material available on record, it is revealing that the appellant has a strong and arguable case in his favour and the cause of absence has satisfactorily been shown. Thus, in the interest of justice, this Court deems it fit to grant one more opportunity to the appellant to continue the proceedings before the trial Court. However, since valuable time of the Court has been spent due to default on the part of the appellant, therefore, a cost of Rs.2,000/- is imposed upon the appellant, which he shall deposit with the DLSA, Udaipur within a period of 15 days from the date of receipt of copy of this order. Upon furnishing a copy of this order along with the receipt of deposition of the cost, the learned trial Court shall re-register the case to its original number and the proceedings in Criminal Case No.1432/2016 shall continue from the stage it was dismissed for non-prosecution. Fresh process may be issued for presence of the accused.
Accordingly the instant Criminal Appeal stands disposed of.