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Judgment
R. C. Khulbe, J
This criminal appeal has been filed under Section 378(4) Cr.P.C. against the judgment and order dated 19.12.2014 passed by the learned Special Judicial Magistrate First, Dehradun in complaint case no.252/2012, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi", under Section 138 N.I. Act as well as revisional order dated 21.08.2015 passed by learned District & Sessions Judge, Dehradun in Criminal Revision No.18 of 2014, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi"
Factual matrix of the case is that, the appellant-Trilok Singh Gandhi filed a complaint case no.252/2012, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi", under Section 138 N.I. before Chief Judicial Magistratae, Dehradun, in which the respondent was summoned under Section 138 N.I. Act and accordingly the complainant had produced two witnesses. Thereafter, statement of accused was recorded under Section 313 Cr.P.C. on 23.05.2014. When the matter was fixed on 19.12.2014 for recording the evidence, on that day the accused was present while the complainant was absent. Ultimately, the complaint was dismissed in default for want of prosecution. Aggrieved by the order, the complainant filed Criminal Revision No.18 of 2014, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi" before the Sessions Judge, Dehradun which was transferred to Additional Sessions Judge, Dehradun.
After hearing both the parties, the 1st Additional Sessions Judge, dismissed the revision on the ground that since, the appeal under Section 378 Cr.P.C. is maintainable against the acquittal no revision is maintainable. Aggrieved by it, the present criminal appeal under Section 378(4) Cr.P.C. has been filed. An application for special leave to appeal was also filed by the appellant along with the appeal. The leave was granted by the Co-ordinate Bench of this Court on 22.11.2017.
From the perusal of the order dated 19.12.2014, passed by Special Judicial Magistrate First, Dehradun in complaint case no.252/2012, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi", it is clear that the case was fixed for adducing the evidence of accused. When the complainant was absent on that day, it was the duty of the trial Court to adduce the evidence produced by the accused in defence but the learned trial Court did not record the defence evidence and simply dismissed the complaint in default for want of prosecution, which is against the law, because the complainant had already performed his duty by producing the evidence in support of his complaint.
In these circumstances, the present appeal is liable to be allowed and the matter is liable to be remanded back to the trial Court to decide the same on merit after giving ample opportunity to the accused for adducing the evidence.
In view of the above, the appeal is allowed and the order dated 19.12.2014 passed by the learned Special Judicial Magistrate First, Dehradun in complaint case no.252/2012, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi", under Section 138 N.I. Act is hereby set aside and the matter is remitted back to the trial Court with the direction to decide the case as per law after giving ample opportunity to the accused for adducing the evidence in defence.
Since the matter pertains to the year 2011, hence, the trial Court is directed to conclude the trial within a period of four months from the date of receipt of a copy of this order. Parties are directed to appear before the trial Court on 07.12.2019.