1 / 4 2025:CGHC:7779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3155 of 2024 1 - Dharmraj Singh Khastriya S/o Shri Mahavir Singh Aged About 50 Years R/o Kotiya, Post Bartori, Tahsil Bilha, Distt. Bilaspur, C.G.(Complainant) ... Petitioner versus 1 - Santosh Kumar Sahu S/o Mayaram Aged About 55 Years Caste Teli, R/o Birajpali, Post Badarsi, Tahsil Bagbahra, District Mahasamund, C.G. (Accused) ... Respondent For Petitioner : Mr. Ashok Kumar Shukla, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/02/2025 1. The instant petition under Section 528 of B.N.S.S. 2023 has been filed against the order dated 19/12/2023 passed by the JMFC, Behla, District Bilaspur, C.G. in criminal case No.161 of 2023 whereby the complaint case filed by the petitioner was dismissed for want of prosecution. 2. The brief facts of the case are that the petitioner /complainant had filed a ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.05 16:51:21 +0530 2 / 4 complaint under Section 138 of Negotiable Instrument Act as well as Section 420 of IPC before the learned JMFC which was registered as Criminal Case No. 161 of 2023 after taking cognizance of the offence. above matter was posted for hearing on 19/12/2023 for complainant evidence but on that particular date could not appear on account of personal reasons and he was rest assured that his counsel the case would be present before the court and do the needful. It is pertinent to mention here that the complainant had never been defaulter on earlier dates of hearing. When the matter was listed for hearing no one appeared on behalf of complainant /petitioner and the complainant also was not present, therefore, the complaint case of the petitioner was dismissed for want of prosecution by order dated 19/12/2023. 3. Against the order of dismissal in default a revision petition was referred by the Learned Counsel for the complainant before the learned Addition Sessions Judge Bilaspur but on account of non maintainability of revision the same was dismissed by the order dated 19/09/2024. 4. Learned counsel for the petitioner would contend that on said date there was 13th day rituals on account of the death of person in the family of the counsel for the complainant therefore he could not appear and because of getting busy in the program he could not intimate the complainant also. Therefore the matter was dismissed in default. He would next contend that if the complaint is dismissed for want of prosecution it has the effect of acquittal in view of the catena of decision of Hon'ble Apex Court. He would next contend that the counsel for the complaint could not be appeared because of a bona fide reason and the 3 / 4 same was not deliberate and even the complainant was also not aware about the same, therefore, he himself could not appear on the said date of hearing. He placed his reliance on the law laid down by the Supreme Court in the matter of Punjab State Warehousing vs M/S Sh.Durga Ji Traders & Ors {(2011) 14 SCC 615} and would lastly contend that the matter has been dismissed on technical ground, therefore, the interference of this Court is warranted and the order dated 19/12/2023 may be set aside by allowing the instant petition. 5. I have heard learned counsel for the petitioner and perused the documents. 6. Perusal of the documents would show that the petitioner has established a reasonable ground for non-appearance on 19/12/2023 as it has been stated that the counsel for the petitioner could not be appeared because of last rituals on account of death in his family and even he could not inform about such non-appearance to the petitioner. The said submission of the petitioner appears to be bona fide. Further, it is a trite law that the client should not suffer for the mistake of his Counsel. 7. Considering the entire facts & circumstances of the case in view of the considered opinion of this Court, the impugned order dated 19/12/2023 is set aside and the matter is remitted back to the JMFC, Belha, District Bilaspur, C.G. for afresh adjudication of the complaint case under Section 138 of the Negotiable Instruments Act, 1881 filed by the petitioner. The JMFC, Belha, District Bilaspur, C.G. shall restore the case to its original number. The petitioner shall appear before the trial 4 / 4 Court on 20/03/2025 and notice be issued to the respondent and thereafter the trial Court shall proceed to decide the application on its own merits. 8. With the aforesaid observations the instant CRMP stands disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu