Ramshankar Vishwakarma vs Shri Poonamchandra
2021 Latest Caselaw 5779 MP

                                                                          1                          MCRC-45349-2021
                                               The High Court Of Madhya Pradesh
                                                         MCRC-45349-2021
                                                       (RAMSHANKAR VISHWAKARMA Vs SHRI POONAMCHANDRA)


                                       Jabalpur, Dated : 21-09-2021
                                              Heard through Video Conferencing.

                                              Shri Naveen Kumar Salunke, learned counsel for the applicant.
                                              Heard.
                                              This application has been filed under Section 378(4) of Cr.P.C. for
                                       grant of leave to file appeal against the acquittal of the respondent vide order

dated 27.07.2017 in SCNIA No.524/2021 passed by learned JMFC, Harsood (M.P.) whereby the learned JMFC dismissed the case for want of prosecution.

The facts of the case in short is that the applicant/complainant has filed a case against the respondent alleging offence punishable under Section 138 of Negotiable Instruments Act in the Court of Judicial Magistrate First Class, Khandwa. On 27.07.2021 case filed by the applicant was fixed for further proceeding, but due to absence of the applicant or his counsel at the time of hearing, learned JMFC dismissed the case for want of prosecution.

Learned counsel for the applicant submits that the applicant was not aware of the fact that his case was fixed for hearing and also not got the information through his counsel. Learned trial Court did not consider this aspect that due to mistake of the counsel parties should not be suffered, so the learned trial court ought to have adjourned the case, instead of dismissing it. He further submits that the case must be decided on merits. So he prays for grant of leave to appeal. In support of his contention learned counsel for applicant relied upon the judgment delivered in the case of Yashwant Singh Vs. Shri Pyarelal Uikey 2010(I) CLDC 102 and in the case of Babulal Khandelwal Vs. Liladhar S/o Radheshyam Tiwari 2010 (3) M.P.H.T.

From perusal of the order sheet of trial Court dated 27.07.2021, it is Signature Not Verified SAN revealed that trial court has mentioned that the complainant/applicant and his Digitally signed by MOHD TABISH KHAN Date: 2021.09.22 17:30:36 IST 2 MCRC-45349-2021 counsel were not present before the trial Court. Therefore, the learned trial Court has dismissed the case and acquitted the accused from the aforesaid charges.

Looking to the submissions made by the learned counsel for the parties, I am of the view that in the interest of the justice, this leave to appeal

should be allowed and instead of registering this M.Cr.C. into Criminal Appeal, the case may be restored and remanded to the trial court for fresh adjudication.

Hence, subject to depositing Rs.5,000/- in the District Legal Aid Services Authority, District- Khandwa within a period of one month from the date of passing of this order, SCNIA No.524/2016 be restored to its original number and trial court is directed to consider a fresh and decide the case on merits. It is made clear that if the applicant is failed to present before the trial Court then, the learned trial Court shall free to proceed further on its own discretion.

Accordingly, M.Cr.C. stands disposed of.

Certified copy as per rules

(RAJENDRA KUMAR (VERMA)) JUDGE

Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2021.09.22 17:30:36 IST