Roshani Devi vs. Budhi Singh Cr.MP(M) No. 1059 of 2025 Reserved on: 18.03.2026 30.03.2026 Present: Ms Suchitra Sen, Advocate, for the applicant/petitioner. Mr Bodh Raj, Advocate, for non- applicant/respondent. The applicant/complainant filed a complaint before the learned Chief Judicial Magistrate, Mandi, District Mandi, H.P (learned Trial Court) for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). The matter was listed for the service of the accused by way of a production warrant on 18.03.2025. No one had appeared on behalf of the applicant/complainant on 18.02.2025 and the learned Trial Court dismissed the complaint for non-prosecution. Aggrieved by the order, the applicant/appellant approached this Court. Heard. Section 279 of Bharatiya Nagarik Suraksha Sanhita (BNSS) provides that if the summons has been issued on the complaint and on the day appointed for the appearance of the accused, the 2 complainant does not appear, the Magistrate shall after giving 30 days to the complainant to be present acquit the accused, unless for some reasons he thinks it proper to adjourn the hearing of the case. There is nothing on record to show that notice of 30 days was given to the complainant; hence, there are arguable points involved in the appeal, and leave to appeal is granted to the applicant. The application stands disposed of. Cr. Appeal No. ___ of 2026 (CR. AST No. 3108 of 2025) Since the leave to appeal has been granted to the applicant vide order passed in Cr. MP(M) No. 1059 of 2025, hence, the present appeal be registered. List the matter for hearing in due course. (Rakesh Kainthla) Judge 30th March, 2026 (ravinder)