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2018 DIGILAW 603 (BOM)

Rajendra Chandrarao Patil v. Manish

2018-02-28

P.R.BORA

body2018
JUDGMENT P.R. Bora, J. (Oral) - Heard learned Counsel for the appellant and the learned Counsel for the respondent. 2. The fact is not in dispute that the criminal complaint filed by the present appellant under section 138 of the Negotiable Instruments Act against the respondent has not been decided on merits; but, has been dismissed for want of prosecution. 3. Learned Counsel for the appellant submits that though there are certain lapses on the part of the appellant in prosecuting the matter, opportunity needs to be given to the appellant to conduct his complaint on merits. 4. Learned Counsel for the respondent pointed out that the original complainant has throughout shown negligence in prosecuting the matter and, as such, the trial Court has rightly invoked powers under section 256 of Code of Criminal Procedure, 1973 and has dismissed the complaint for want of prosecution. Learned Counsel submitted for dismissal of the appeal and, in the alternative, learned Counsel submits that heavy costs may be imposed on the appellant. 5. After having considered the submissions made by the learned Counsel for the parties, it appears to me that an opportunity needs to be given to the complainant to prosecute his complaint on merits. From the record it is discernible that the appellant/complainant was not diligent in prosecuting his complaint before the trial Court. As such, the alternate request made by the Counsel for the respondent for imposing adequate costs is justifiable. In the result, following order is passed: ORDER i) The order dated 7th April, 2016, passed by the Judicial Magistrate, First Class, Latur in S.T.C. No.1256/2014 below is quashed and set aside. ii) S.T.C. No.1256/2014 stands restored to its original file subject to costs of Rs. 2,000/-. iii) Learned Judicial Magistrate First Class, shall decide the complaint on merits and in accordance with law by giving due opportunities to the complainant as well as the accused as expeditiously as possible preferably within the period of six months. iv) Parties to appear before the Trial Court on 26th of March, 2018. v) Criminal Appeal ( No.191 of 2018) stands allowed in aforesaid terms.