- (1.) The appellants had initially filed a petition under Section 482 of the Cr. P. C. which was directed to be treated as an appeal vide this Court's order dated 19-2-2003.
(2.) A complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') was filed by the appellants against the respondents as the cheque bearing No. 335788 dated 13-12-1995 issued by the latter for payment of Rs. 15,000/-, which was due to the former, was, on presentation, dishonoured by the drawee bank, i.e. Punjab and Sind Bank, Railway Road, Jalandhar and despite the statutory notice having been issued, they did not bother to discharge their liability. The Judicial Magistrate 1st Class, Jalandhar (hereinafter referred to as 'the trial Magistrate'), in whose Court the complaint was presented, recorded the preliminary evidence of the appellants and vide order dated 22-4-1996, ordered the summoning of the respondents. On 9-12-1996, the respondents put in appearance and were admitted to bail. The trial Magistrate thereafter commenced upon his proceedings to determine the controversy. On 24-4-1997, the complaint was fixed for cross-examination of PW 1 and recording of the remaining evidence of the appellants. However, on that day, as no one appeared on their behalf, the complaint was dismissed in default for want of prosecution and the respondents were discharged. The order dated 24-4-2007 passed by the trial Magistrate is reproduced below :- "Case called several times since morning but none has appeared on behalf of the complainant. It is now 3.45 p.m. The complaint is dismissed in default for want of prosecution and the accused is discharged. File be consigned to the record room."
(3.) The appellants, thereafter, filed an application on 27-5-1997 for restoration of the complaint, which was dismissed by the trial Magistrate vide order dated 4-10-1997. A revision ensued before the Additional Sessions Judge, Jalandhar, which was also dismissed on 18-5-1999.;