- (1.)This petition has been preferred under Sec. 482 of the Code of Criminal Procedure (for short 'the Code') against order dtd. 23/12/2021 passed by Judicial Magistrate First Class, Raipur (CG) in unregistered Complaint Case filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short ' the Act'), wherein learned trial Court has dismissed the complaint filed by petitioner for want of prosecution.
(2.)Learned counsel for the petitioner would submit that the complaint case under Sec. 138 of the Act was filed by petitioner on December, 2022 thereafter, due to Covid 19 pandemic, hearing was disturbed. On 7/10/2021, when case was taken up for hearing, counsel for petitioner marked his appearance, thereafter, case for fixed for hearing on 22/12/2021, thereafter, the case was fixed for hearing on the very next date i.e., on 23/12/2021, on that date another case no.801/2022 of like nature was also fixed for hearing before the same Court, in that case counsel for petitioner marked his appearance, but, due to bonafide mistake he could not mark his presence in the instant case and therefore, the case was dismissed for want of prosecution. It is further submitted that mistake committed by counsel for petitioner is purely bonafide and he wants to prosecute the case, therefore, it is prayed that considering the aforesaid fact the instant petition may be allowed and case may be restored in the interest of justice.
(3.)Heard learned counsel for the petitioner, perused the order impugned as well as material available on record.