C A V Order

29/04/2022 This petition has been filed by the petitioner under Section

378(4) Cr.P.C. for grant of leave to appeal.

2. Brief facts of the case are that the petitioner has filed a complaint case under Section 138 of the Negotiable Instruments Act against the accused/respondent. The case was fixed for complainant’s evidence on 10.09.2013, 26.09.2013 and 03.12.2013 but on all the dates of hearing, the petitioner/complainant did not appear before the trial court therefore, on 03.12.2013 learned court below has dismissed the complaint case and acquitted the respondent of the charges levelled against him. Hence, the present petition filed by the petitioner before this Court for grant of leave to appeal.

3. On due consideration, leave as prayed for is granted.

4. The instant petition has been preferred under Section 378 (4) of the Code of Criminal Procedure, 1973 against the order dated 3.12.2013 passed by the Judicial Magistrate First Class, Durg in Complaint Case No. 2370/2011 whereby the said court has dismissed the complaint of the petitioner filed under Section 138 of the Negotiable Instrument Act, 1881 for want of prosecution.

5. Counsel for the petitioner has filed order sh