1 2025:CGHC:56555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 511 of 2019 Dushyant S/o Krishnasharan Singh Aged About 49 Years Caste Kurmi, R/o Nevariguda, Tahsil Kawardha, Civil And Revenue District Kabirdham Chhattisgarh. ... Petitioner versus Jalesh Chandravanshi S/o Kishun Chandravanshi Aged About 48 Years Caste- Kurmi, R/o Aachhi, Post- Marka, Police Station Pipariya, Tahsil Kawardha, Civil And Revenue District Kabirdham Chhattisgarh. ---- Respondent For Petitioner : Mr. Devesh G. Kela, Advocate. For Respondent : Ms. Priyanka Rai Mishra, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.11.2025 1. Heard Mr. Shakti Raj Sinha, learned counsel appearing for the petitioner. Also heard Ms. Ankita Shukla, learned Panel Lawyer, appearing for the respondent No.1/State, as well as Mr. Sumit Singh Rathore, learned counsel appearing for the respondent No.2. 2. The present petition has been filed by the petitioners under Section 482 Cr.P.C. being aggrieved with the order dated 21.03.2018 passed in Criminal Case No. 1362/2014 passed by learned Judicial Magistrate First Class, District – Kabirdham (Kawardha) (C.G.). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The prosecution case in brief is that the petitioner and respondent belong to the same community and being the residents of the adjacent village were well acquainted with each other and therefore they used to take money from each other. the respondent came to the petitioner and stated that he is in need of Rs. 5,00,000/- for the purpose of execution of the contract work and he will repay the amount within a period of 1 month, the petitioner believing on the basis of his earlier conduct of repayment of money by the respondent gave hand loan of Rs. 5,00,000/- to the respondent. 4. After the completion of the period of one month, the petitioner contacted the respondent and asked him to repay the amount on which the respondent assured the repayment of amount time and again but the respondent did not repay the same and on 20.03.2013 he gave the petitioner a cheque of Central District Cooperative Bank Ltd. Rajnandgaon, District Kawardha, which was dishonored on 21.03.2013. Thereafter the petitioner sent legal notice on 30.03.2013 to respondent for payment of cheque amount, which was returned by the respondent refusing to receive the same. when the respondent did not pay the amount within time the petitioner filed complaint case under Section 138 of the Negotiable Instruments Act R/w Section 420 of I.P.C. thereafter the respondent appeared before the trial Court and the trial was conducted ad the case was fixed for arguments on 21.03.2018. As the case was fixed for arguments the petitioner did not appear before the trial Court and he had instructed his counsel to advance the argument. the counsel for the petitioner also could not appear before the trial Court on 21.03.2018 and the case was 3 dismissed for non prosecution. Hence, this petition. 5. Learned counsel for the petitioner submitted that the matter was listed for final hearing before the trial Court, and vide impugned order dated 21.03.2018, the complaint filed by the petitioner under Section 138 of NI Act, was dismissed for want of prosecution. Hence, it is prayed by learned counsel for the petitioner that the impugned order dated 21.03.2018 passed in Criminal Case No. 1362/2014 passed by learned Judicial Magistrate First Class, District – Kabirdham (Kawardha) (C.G.), be quashed and the matter be remanded back to the trial Court concerned for proper disposal of the case. 6. Learned counsel appearing for the respondent submits that from the perusal of the order-sheet of the trial Court, it appears that neither the petitioner nor his counsel was present thrice when the matter was taken-up by the trial Court for its hearing, and hence, the trial Court had no option but to dismiss the said complaint for non-prosecution. Hence, there is no any illegality in the impugned order warranting any interference of this Court. 7. I have heard learned counsel for the parties and considered the rival submissions made herein and gone through the record with utmost circumspection. 8. From the perusal of the submissions raised by the counsel for the parties, as well as from the perusal of the order-sheet of the trial Court, it appears that neither the petitioner nor his counsel was present thrice when the matter was taken-up by the trial Court for its hearing, and hence, the trial Court had no option but to dismiss the said complaint 4 for non-prosecution, but as prayed by counsel for the petitioner, the impugned order dated 21.03.2018 passed in Criminal Case No. 1362/2014 passed by learned Judicial Magistrate First Class, District – Kabirdham (Kawardha) (C.G.), is hereby quashed and the matter be remanded back to the trial Court concerned for proper disposal of the case, subject to depositing a sum of Rs.5,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the Government Home for Mentally Underdeveloped Children, Mana Camp, Raipur. 9. The trial Court concerned is at liberty to proceed with the matter, and conclude the same without granting unnecessary adjournment to it, preferably within a period of one month from the date of passing of this order, if there is no any legal impediment. 10. Resultantly, this petition is disposed of. 11. Office is directed to send a copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar