2017 (6) TMI 1322

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....15.12.2015 passed in Sum. Criminal Case No. 358/2014 by J.M.F.C Amalner Dist. Jalgaon, whereby the learned judge has dismissed the complaint and acquitted the respondent/accused in default of taking steps to serve the accused by exercising power under section 256 of the Code of Criminal Procedure. 2. Heard the learned counsel for the appellant. The respondent though served failed to appear in sp....

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....ubmissions advanced, I have perused record and proceeding. Perusal of the record reveals that the complaint had filed complaint under section 138 of the Negotiable Instrument Act. On due consideration of the fact pleaded in the complaint and documents relied, in support of the complaint the learned Magistrate has passed order to issue process under section 138 of the Negotiable Instrument Act agai....

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....nd thereby last opportunity was provided to the complainant. Even, thereafter also complainant failed to appear before court and to take necessary steps. It seems that accused is not interested to proceed with the matter. Therefore, no purpose will serve to keep matter pending. Hence complainant stand disposed off in view of section 256 of Code of Criminal Procedure. Accused stand acquitted." On ....

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.... section 204(4) of the Code of Criminal Procedure & not in exercise of powers under section 256 of the Code of Criminal Procedure. Therefore, the impugned orders is not sustainable in law. Since the impugned order could not have been passed in exercise of the powers under section 256 of the Code of Criminal Procedure the order deserves to be set-aside. In this view the appeal liable to be allowed.....