JUDGMENT

Manish Pitale, J. - The applicant before this Court is the original complainant who has filed the present application seeking leave to appeal under Section 378(4) of the Code of Criminal Procedure. The applicant is aggrieved by the order dated 21/01/2020 passed by the Court of Chief Judicial Magistrate, Margao, whereby a complaint has been dismissed on the ground that neither the complainant nor the Advocate for the complainant was present when the matter was called out.

2. Mr. Sardessai, learned Counsel appearing for the applicant submitted that the present case was a fit case for grant of leave to appeal, for the reason that the complaint of the applicant filed under Section 138 of the Negotiable Instruments Act, 1881 stood dismissed without any consideration of the merits of the matter.

3. It was submitted that in the present case a perusal of the Roznama of the aforesaid Court of Chief Judicial Magistrate would show that, at worst, there was only a single default on the part of the applicant (original complainant) and his Advocate. It was further submitted that the Advocate had filed an affidavit explaining the circumstances in which none could remain present on behalf of