[2026:RJ-JD:18134]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 142/2026 Om Prakash Nayak S/o Mangla Ram, Aged About 50 Years, Resident Of Village Melusar (Purohitan), Tehsil Ratangarh District Churu.

----Appellant Versus Gopal Ram S/o Sohan Lal Meghwal, Resident Of Village Melusar (Purohitan), Tehsil Ratangarh District Churu.

----Respondent For Appellant(s) : Mr. Bhanwar Singh For Respondent(s) : None present HON'BLE MR. JUSTICE FARJAND ALI

Order

REPORTABLE 07/04/2026

1. By way of the present criminal appeal, the appellant- complainant has assailed the order dated 06.09.2025 passed by the learned Additional Judicial Magistrate, Ratangarh in Criinal Original Case No.708/2024 whereby the complaint instituted under Section 138 of the Negotiable Instruments Act, 1881 came to be dismissed for want of prosecution owing to non-appearance of the complainant and his counsel on the date fixed. The appellant contends that the impugned order, passed at a preliminary stage of the proceedings, has the effect of non-suiting the complainant without adjudication on merits and has consequently resulted in serious miscarriage of justice.

2. In brief the facts of the case