JUDGMENT :

Ranjan Sharma, J.

The petitioner, a convict, has come up before this Court, in Revision Petition, under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), against the order dated 09.03.2016 [Annexure P-2] [hereinafter referred to as ‘Impugned Order’] passed by learned Additional Sessions Judge (III) Kangra at Dharamshala, Camp at Palampur, [hereinafter referred to as ‘Appellate Court’] whereby, the appeal filed by the petitioner-convict was dismissed for non-prosecution; resulting in affirming the judgment dated 08.07.2008 [Annexure P-1] passed by learned Judicial Magistrate, First Class, Palampur, District Kangra, in Criminal Complaint No.182-III/2004.

2. The factual matrix is that the complainant, Ranjeet Singh Rana, filed a complaint under Section 138 of Negotiable Instruments Act (hereinafter referred to as ‘the Act’) against the accused (Rajeev Nag) herein, before the learned Judicial Magistrate, First Class (I), Palampur, District Kangra, vide Criminal Complaint No.182-III/2004, whereby the accused was convicted and sentenced for offence under Section 138 of the Negotiable Instruments Act, by the learned Judicia