1 43 apeal 466.23.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPEAL NO. 466 OF 2023 Umesh Mahadeorao Bijawe .Vs. Vishal Wasudevrao Khajbage _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr V.V. Dahat, Advocate for the appellant. Mr. U.E. Quazi, Advocate for the respondent. CORAM : G.A. SANAP, J. DATE : 23.01.2025 Heard learned Advocate for the parties. Perused the record and proceeding. 2. This appeal has been filed against the impugned order dated 20.04.2022 whereby the learned Magistrate closed the complaint filed by the appellant and acquitted the accused under Section 138 of the Negotiable Instrument Act, 1881. 3. Learned Advocates for the appellant and the complainant/respondent submit that the matter was not decided on merits. It is admitted that there was some lapse on the part of the advocate for the complainant. It is submitted that advocate appearing for the complainant had suffered a paralytic attack and therefore, he could not attend the matter. 2025:BHC-NAG:777 2 43 apeal 466.23.odt..odt 4. Learned Advocate for the respondent submits that considering the peculiar facts, the Court may pass appropriate order. 5. I have gone through the record and proceedings. The complaint was not decided on merits. Advocate for the complaint had suffered paralytic attack. This fact was not brought to the notice of the learned Magistrate. In my view, considering the nature of the dispute, it was necessary to have adjudication of the same on merits. 6. In the backdrop of the above, I am satisfied that the order needs to be set aside. Hence the following order:- (i) Appeal is allowed. (ii) The impugned order dated 20.04.2022 is set aside. (iii) The criminal case i.e. S.C.C. No.5768/2019 be restored to the file of learned Judicial Magistrate First Class Court No.3 Amravati. (iv) The complainant and the accused shall appear before the learned Judicial Magistrate First Class, Court No.3 Amravati on 01.02.2025 at 11.00 am. 7. Criminal Appeal stands disposed of. (G. A. SANAP, J.) manisha