Rajasthan High Court - Jaipur
Dhannalal S/O Shri Hanumansahai, By ... vs Sushil Kumar Gaura S/O Shri Ramsahai ... on 27 August, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5037/2018
Dhannalal S/o Shri Hanumansahai, By Caste Jat, R/o Village
Anantpura, Tehsil Chomu, District Jaipur (Raj.)
----Petitioner
Versus
1. Sushil Kumar Gaura S/o Shri Ramsahai Gaura, By Caste
Jat, R/o Kacholiya, Ward No. 14, Tehsil Chomu, District
Jaipur.
2. State Of Rajasthan Through Its P.p., Rajasthan
----Respondents
For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Prakash Thakuria, P.P. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order 27/08/2018 Petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act for prosecution of the respondent No.1/accused. The said complaint on 25.07.2016 was dismissed because of absence of the petitioner.
Section 256 (2) Cr.P.C. specifically states that after the complaint where accused is tried by following the procedure of summons case is dismissed for default, the same shall amount to acquittal, therefore, only remedy available for the petitioner was to file an application for leave to appeal under Section 378 (4) Cr.P.C.
The present petition being misconceived is, hereby, dismissed.
(KANWALJIT SINGH AHLUWALIA),J.
(2 of 2) [CRLMP-5037/2018] Powered by TCPDF (www.tcpdf.org)