JUDGMENT

Manish Pitale, J. - By this appeal, the appellant (Original complainant) has challenged the order dated 21/01/2020 passed by the Court of Chief Judicial Magistrate, Margao, whereby a complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.

2. The learned Counsel appearing for the appellant invited attention of this Court to the impugned order, which records that neither the complainant i.e. the appellant before this Court, nor his Advocate was present when the complaint was called out for consideration. As a consequence, the complaint stood dismissed. It is submitted that the appellant has been deprived of consideration of his complaint on merits and that a perusal of the Roznama of the aforesaid Court would show that the appellant, as well as the Advocate, could not remain present for reasonable cause on the date the impugned order was passed. In this connection, the learned Counsel appearing for the appellant invited attention of this Court to an affidavit of the Advocate who was representing the appellant before the Court of Chief Judicial Magistrate. On the basis of the contents of the said affidavit and the Roznama,