JUDGMENT :

(Ravindra Maithani, J.) :

The challenge in this revision is made to the order dated 15.04.2024, passed in Criminal Appeal No. 38 of 2023, Mohd. Haseen Vs. State of Uttarakhand and others (“the appeal”), by the court of Additional Sessions Judge, Khatima, District Udham Singh Nagar, by which, the criminal appeal filed by the revisionist has been dismissed in non prosecution.

2. Heard learned counsel for the parties and perused the record.

3. The revisionist has been convicted under Section 138 of the Negotiable Instruments Act, 1881 by judgment and order dated 07.08.2023, passed in Criminal Case No. 1039 of 2019, Mohd. Yameen Vs. Mohd Haseen, by the court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar (“the case”) and has been sentenced to undergo rigorous imprisonment for a period of six months with a fine of Rs.2,50,000/- and in default of payment of fine, to undergo simple imprisonment for further period of two months. The revisionist challenged it in the appeal, which was dismissed in non prosecution by the impugned order.

4. Learned counsel for the revisionist would submit that a criminal appeal cannot be dismissed in non prosecution. He