ORDER

This criminal revision petition has been filed against the order dated 07.10.2022 made in S.T.C.No.576 of 2018 on the file of the learned Judicial Magistrate Fast Track Court at Poonamalle.

2. The case of the prosecution is that, the petitioner filed a petition u/s.138 & Section 141, 142 of Negotiable Instruments Act in S.T.C.No.576 of 2018 in order to recover the cheque amount of Rs.15,00,000/- from the accused and the same was dismissed under Section 204(4) of Cr.P.C on 07.10.2022 on the ground that the petitioner did not appear on several occasions. Challenging the same, the present petition has been filed.

3. Learned counsel for the petitioner submitted that, the trial Court dismissed the complaint filed by the petitioner for non-prosecution, vide impugned order without affording an opportunity of personal hearing to the petitioner and erred in acquitting the respondent which is per se unsustainable, as the non-appearance on the part of the petitioner is neither wilful nor wanton and the petitioner was unable to appear before the trial court only due to certain health ailments. Accordingly, he prayed this Court to set aside the order dated 07.10.2022 made in S.T.C.No.576 of