DEEPAK GUPTA, J.

Prayer in this appeal under Section 378(4) Cr.P.C. read with Sections 482 and 357(3) Cr.P.C. is for setting aside the order/judgment dated 28.02.2023 passed by learned Judicial Magistrate 1st Class, Jind, whereby complaint bearing CIS No. NACT/429/2018 titled as “Rajesh Jain v. Ajay Singh” under Section 138 of the Negotiable Instruments Act, 1881, was dismissed for want of prosecution.

Leave to appeal is granted.

Registry is directed to assign the number of appeal.

CRA-AS-425-2023

2. It is contended by the appellant, who is appearing in person that after being dragged for a period of 04 years, the complaint in question reached at the stage of defence evidence. The case was fixed on 28.02.2023 for recording the defence evidence but on that day, applicant-appellant was required to appear before Hon’ble Supreme Court in SLP No.12802 of 2022, instituted by the appellant against the same vary respondent, in respect of two other cheques, due to which the appellant could not appear before the Trial Court on 28.02.2023 and that without serving any notice to the appellant, the complaint was dismissed for want of prosecution.

3. The appellant contends that as the case had reached