- (1.) This is an appeal by the complainant/appellant who is wholly aggrieved over the orders dated 18.02.2014 passed by the Court of learned Judicial Magistrate 1st Class, Faridabad whereby the complaint of the complaint stood dismissed in default for want of prosecution on account of non-appearance of the complainant and his counsel on that date. Complainant M/s RPS Infrastructure Limited is a duly incorporated Company under the Companies Act, 1956 carrying-on real estate business and had filed a complaint against M/s KST Infrastructure Limited/accused respondent and its functionaries on the allegations that in acknowledgement of the outstanding amount due towards the complainant, the accused had issued cheques No.875908, 875909 and 875910 dated 07.06.2008, 14.06.2008 and 21.06.2008 respectively each for a sum of Rs. 50.00 lacs. On due presentation as per the terms meted out by the accused, the cheques were presented and which stood dishonoured on account of insufficiency of funds. Thereafter legal notice was issued and after the requisite time, has led to filing of the complaint on 23.12.2008 before the Court of learned ACJM, Faridabad.
(2.) Heard. Undisputedly and is even otherwise well reflected from the records of the trial Court vide orders dated 24.12.2008, accused were summoned for commission of offence under Section 138 Negotiable Instruments Act, 1881 (in short, 'the Act'). The accused appeared before the Court on 12.01.2010 and were served with notice of accusation on 20.04.2010. To cut it short, the evidence of the complainant was completed and closed on 18.09.2013 and the matter was adjourned for recording statement of the accused under Section 313 Cr.P.C. which was accomplished on 10.10.2013 and thereafter, the matter was adjourned for defence evidence. It is thereafter, eight adjournments were sought for completion of the defence evidence when following orders were passed on 07.02.2014, which is being reproduced below to lay emphasis: "Present: Complainant with counsel. Accused on bail with counsel. No DW present. Adjournment requested. Now the case is adjourned to 18.2.14 for DW, if any and for final arguments. Last opportunity shall stand." (Khatri Saurabh) JMIC/Faridabad/7.2.14"
(3.) It is by another quirk of fate, the same Presiding Officer who had earlier passed the orders dated 07.02.2014, has passed the impugned orders, apparently reflecting that the case has been received by transfer when there is nothing reflected on the records of the lower Court. Thus, the million dollar question that arises is whether the learned Magistrate has exceeded its jurisdiction in the dispensation of justice;