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Judgment
ORAL ORDER
This petition is filed by the petitioner under Section 528 of BNSS, 2023, seeking to set aside the order dated 20.05.2026 dismissing the complaint of the petitioner for non-prosecution filed under Section 138 of the Negotiable Instruments Act, 1881. Hence being aggrieved by the dismissal of the complaint, the petitioner/complainant has filed this petition.
The impugned order shows that the case was called last time on 20.05.2026. There was no representation at all on that day. Since the petitioner failed to appear before the court and there was no representation on behalf of the petitioner, the learned Magistrate was justified in dismissing the complaint.
However, it is the submission of the learned counsel for the petitioner that, for some obvious reasons, the petitioner's counsel could not appear before the Court. The respondent is avoiding service of summons on him. If one more opportunity is given, the petitioner will sincerely prosecute the complaint.
In the circumstances made out, the petition is required to be allowed in the ends of justice. Accordingly, the Court proceeds to pass the following:
ORDER
The petition stands allowed.
The complaint which is registered at C.C.No.173/2025 is restored to the file of learned Additional Civil Judge and JMFC, Raibag.
The petitioner shall appear before the Magistrate Court on 02.12.2026 without fail and shall lead his evidence without seeking unnecessary adjournments.
Accordingly, the notice to respondent is discharged and office objections overruled.
The registry is directed to send the copy of this order to the Trial Court forthwith.