DHARAM PAL Vs. SUKHDEV SINGH

JUDGEMENT

(1.) The application has been moved under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the order dated 14.01.2016 passed by learned Judicial Magistrate, Ist Class, Kurukshetra whereby the complaint under Section 138 of Negotiable Instruments Act, 1881 has been dismissed in default.

(2.) I have heard learned counsel for the applicant, besides perusing the record with due care and circumspection. Leave granted. Main case:

(3.) Challenge in this appeal is to order dated 14.01.2016 passed by learned Judicial Magistrate, Ist Class, Kurukshetra whereby the Criminal Complaint No.314 of 2014 under Section 138 of Negotiable Instruments Act has been dismissed in default. Learned counsel for the appellant states that on the relevant date when the case was fixed before the trial Court on 14.01.2016 even the accused was not present but still the complaint had been dismissed in default. He states that there was a communication gap between the counsel and the appellant as the appellant was not in the knowledge of the date fixed before the trial Court. The complaint was filed and registered before the trial Court on 26.09.2014 and was at the initial stage and in case, the complaint is restored, no prejudice would be caused to the accused-respondent.