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2023 DIGILAW 35 (RAJ)

Jitendra Singh v. Mahesh Kumar Jangam

2023-01-03

MAHENDAR KUMAR GOYAL

body2023
JUDGMENT : Mr. Mahendar Kumar Goyal, J. - This criminal miscellaneous petition under Section 482 CrPC has been filed assailing the legality and validity of the order dated 19.12.2018 passed by the learned Special Metropolitan Magistrate(N.I. Act Cases) No.20, Jaipur Metropolitan (for brevity "the learned trial Court") in Case No.32/15 whereby, the complaint filed by the petitioner has been dismissed in default and for want of prosecution. 2. The relevant facts in brief are that the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent which was dismissed by the learned trial Court vide order dated 19.12.2018 in absence of the complainant as also his counsel. 3. Learned counsel for the petitioner submits that he may be given one more opportunity to pursue his complaint. He, therefore, prays that this criminal miscellaneous petition be allowed and the order dated 19.12.2018 be quashed and set aside. 4. Heard. Considered. 5. A perusal of the order-sheets of the learned trial Court reveals that after filing the complaint in the year 2014, the complainant was negligent in pursuing it. Neither the complainant nor his counsel was present in the Court on 20.08.2018 whereupon, the next date was fixed for 22.08.2018. On that date also, none appeared for the complainant and the matter was adjourned for 19.12.2018. On 19.12.2018 also, none appeared for the complainant till 4:30 PM. 6. In view thereof, the learned trial Court dismissed the complaint in default for non-prosecution. This Court finds no illegality in the order dated 19.12.2018. 7. In view thereof, this criminal miscellaneous petition is dismissed being devoid of merit.