ORDER ON BOARD : – This petition has been preferred under section 378(4) of the Code of Criminal Procedure (for short ‘the Code’) against order/judgment dated 10-2-2020 passed by Judicial Magistrate First Class, Korba Distt. Korba (CG) in Complaint Case No. 3546/2019, wherein the learned trial Court dismissed the complaint filed under section 138 of the Negotiable Instruments Act, 1881 for want of prosecution.

2. Learned counsel for the petitioner would submit that the petitioner was represented in every hearing by his counsel and even on 18-11-2019, he was personally appeared before the trial Court. However, on 10-2-2020, counsel for the petitioner did not inform about the date of hearing and due to some bona fide reason, the counsel also could not appear on that date. Hence, the Court below has dismissed the aforesaid case for want of prosecution. It is further submitted that non appearance of the petitioner and his counsel was bona fide and the accused has not been noticed yet. Therefore, it is prayed that considering the aforesaid facts, impugned order be set aside and the matter may be remanded back to the said Court for hearing and disposal of the case in accordance with law.