Trial courts should consider the circumstances and provide reasonable opportunities to complainants, especially in cases involving substantial amounts.

JUDGMENT:

Questioning the judgment dated 04.10.2023 in CC No.148 of 2018 passed by the III Additional Judicial Magistrate of First Class, Rajamahendravaram, in dismissing the private complaint filed by the appellant herein for default and acquitting the 1st respondent/accused under Section 256(1) Cr.P.C., the present appeal has been filed.

2. Brief facts of the case are that, the appellant herein filed a private complaint in CC No.148 of 2018 on the file of the Court of the III Additional Judicial Magistrate of First Class, Rajamahendravaram against the 1st respondent/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The trial in the above case was commenced in the year 2019 and PW.1 filed his evidence in chief by way of an affidavit. Thereafter, the case underwent several adjournments for cross-examination of PW.1. On 04.10.2023, as there was no representation on behalf of the appellant, the trial Court dismissed the complaint for default, which is impugned in the present criminal appeal.

3. Learned counsel for the appellant contends that PW.1 has filed his chief affidavit in the year 2019 and then onwards, it was underwent several adjournments at the instance of the 1st respondent. It is only on two occasions, i.e., 12.09.2023 and 04.10.2023, PW.1 could not attend the Court due to ill-health. He further contends that as the appellant is a bank and as the cheque amount is Rs.27,10,234/-, the trial Court ought to have given one more opportunity to the appellant and as such, he requests this Court to allow the present appeal by setting aside the impugned judgment in CC No.148 of 2018, dated 04.10.2023.

4. The 1st respondent opposed the appeal, contending that as PW.1 did not attend the Court on those two occasions, the trial Court has rightly dismissed the private complaint for default and sought for dismissal of the present criminal appeal.

5. This Court perused the entire material on record. As the appellant is a bank, PW.1 could not attend the Court only on two occasions and as the cheque is for substantial amount of Rs.27,10,234/-, the trial Court ought to have given one more opportunity to the appellant/complainant.

6. In view of the facts and circumstances of the case, the judgment dated 04.10.2023 passed in CC No.148 of 2018 on the file of the Court of the III Additional Judicial Magistrate of First Class, Rajamahendravaram is set aside and the said CC is restored to file. PW.1 is directed to appear before the trial Court for cross-examination on the next date of hearing, without any default and he shall cooperate with the trial Court for early disposal of CC No.148 of 2018.

7. Accordingly, the criminal appeal is allowed.

Miscellaneous petitions if any, pending in this criminal appeal shall stand closed.