Order on Board

09/01/2023

1. Heard on I.A. No. 01/2022, application for condonation of delay in filing the appeal.

2. Upon due consideration the I.A. No. 01/2022 is allowed.

3. Delay in filing the appeal is condoned.

4. Also heard on application under Section 378(4) of Code of Criminal Procedure, 1973, for grant of leave to appeal against the order of dismissal.

5. Upon due consideration, leave is granted.

6. This petition is preferred against the order dated 12.07.2022 passed by the Judicial Magistrate First Class, District Durg (C.G.), in Complaint Case No. RCC/944/2017 wherein the said Court dismissed the case for want of prosecution and acquitted the respondent from the charge under Section 138 of Negotiable Instrument Act.

7. It appears from the order sheets of the trial Court that the case was listed on 12.07.2022 and the matter was called several times but due to the non-appearance of the petitioner, the case was dismissed for want of prosecution and the respondent was acquitted from the aforesaid charge.

8. In the matter of Associated Cement Co. Ltd. Vs. Keshvanand reported in (1969) 1 SCC 687, Hon'ble the Apex Court held as under:-

“18.Reading the Section in its entirety would revea