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DEEPAK KUMAR AGARWAL
Ramesh Sharma – Appellant
Versus
Pramod Sharma – Respondent
ORDER
1. This petition has been filed under Section 482 of Cr.P.C. by the petitioner being aggrieved by order of Sessions Judge, Gwalior, in Criminal Revision No.189/2017 on 1.6.2017 by which he has affirmed the order of Judicial Magistrate First Class, Gwalior, in Criminal Case No.2089/2014 on 24.7.2015.
2. Brief facts of the case necessary for disposal of this petition are that petitioner has filed a complaint under Section 138 of the Negotiable Instruments Act before the competent Court. After registration of the complaint, case is fixed for 24.4.2014 for paying process fee. Thereafter on 24.7.2015 his complaint was dismissed due to absence of the petitioner and non-payment of process fee for issuance of notice to the respondent. Petitioner thereafter filed an application on 15.1.2016 for restoration of his complaint which was dismissed by order dated 22.2.2016 on the ground that Court is having no jurisdiction to review its own order. Without assailing the original order of dismissal of complaint dated 24.7.2015, petitioner filed a revision being aggrieved by order dated 22.2.2016 by which his application for restoration of complaint has been dismissed. Revisional Court dismissed
The court can invoke its inherent powers under Section 482 of Cr.P.C. to restore a complaint in the interest of justice, even if there is no specific provision for restoration of a complaint in the C....
The court emphasized that no useful purpose would be served in keeping alive a complaint, which is otherwise not maintainable.
The necessary consequence of dismissal of complaint for non-appearance of the complainant is the acquittal of the accused, and the jurisdictional limitations on reviewing such orders under Section 36....
The court emphasized the legal provisions of Section 139 of the Negotiable Instruments Act and the purpose of introducing Section 138 to bring sanctity in commercial transactions.
Absence due to illness justified, allowing restoration of complaint proceedings in cheque dishonour cases.
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