ORDER

This petition has been filed by the applicant invoking the extraordinary jurisdiction of this Court under Section 482 of Cr.P.C. for quashing the order dated 13.8.2022 passed by JMFC, Gotegaon, District Narsinghpur in Complaint Case No SCNIA 132/22 whereby the complaint filed by the applicant has been dismissed in National Lok Adalat.

2. It is contended by the counsel for the applicant/complainant that a complaint was filed by the applicant/complainant under Section 138 of the Negotiable Instruments Act, which was referred to the National Lok Adalat and the complaint was fixed before the National Lok Adalat on 13.8.2022. However, neither the applicant nor his counsel could enter their appearance before the National Lok Adalat. Consequently, the Court proceeded to pass the order pertaining to dismissal of the complaint on 13.8.2022. It is further contended by the counsel for the applicant that it was not within the competence of the National Lok Adalat to dismiss the case, inasmuch as, none of the parties were present before the National Lok Adalat and the Court, in all fairness, ought to have referred the case to regular Court. However, as the National Lok Adalat proceeded to dismiss the complaint, serious prejudice has been caused to the applicant/complainant, inasmuch as the complaint was pertaining to dishonour of a cheque worth Rs. 4 Lakh. Therefore, the impugned order be set aside and the complaint be restored.

3. The counsel for the respondent submits that the Court has not committed any error in passing the impugned order, inasmuch as, neither the applicant nor his counsel was present before the National Lok Adalat. Thus, the National Lok Adalat, while exercising the powers under Section 204 of Cr.P.C., has rightly dismissed the complaint.

4 . Heard the submissions advanced on behalf of the parties and perused the material available on record.

5. On perusal of record, it reflects that the National Lok Adalat while dismissing the complaint observed that neither the applicant nor his counsel was present. In the considered view of this Court, National Lok Adalat could not have dismissed the complaint in absence of the applicant or his counsel. It is further important to note that even the accused was also not present before the National Lok Adalat. Thus, virtually the order has been passed in absence of both the parties. Hence the impugned order passed by the National Lok Adalat cannot be given stamp of approval.

6. Resultantly, the petition is allowed . T he order dated 13.8.2022 passed by JMFC, Gotegaon, District Narsinghpur in Complaint Case No SCNIA 132/22 is set aside. Complaint Case No. SCNiA 132/22 be restored to its original number and be posted before the concerned Court.

7. The parties are directed to appear before the trial Court on 8.7.2024. (MANINDER S. BHATTI) JUDGE PB