HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 419 BNSS No. - 198 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Complainant-Applicant has filed this application under Section 419(4) B.N.S.S., 2023 to challenge the judgment dated 15.07.2025 passed by Civil Judge, Junior Division, FTC, Mau, in Complaint Case No.4502 of 2019, titled Vishal Vs. Sunderam, under Section 138 Negotiable Instruments Act, 1881, registered at Police Station Kotwali, District Mau, whereby the trial court has acquitted the accused-respondent no.2 for the alleged offences. Learned counsel for the applicant- complainant has argued that the two cheques dated 10.05.2019 and 15.05.2019 issued by the accused for Rs.12,00,000/- and Rs.12,50,000/-, respectively in favour of the applicant-complainant were got dishonored, whereupon the complaint under Section 138 Negotiable Instruments Act, 1881 was filed, wherein the accused appeared and had been extended the concession of regular bail. He submits that on 15.07.2025, the applicant- complainant failed to appear before the trial court and through the impugned order, complaint was dismissed under Section 256(1) Code of Criminal Procedure. According to the learned counsel, the impugned order is extremely harsh and alternatively the trial court could have adjourned the complaint case to some other date, therefore, in the given facts the interference by this Court is called for in exercise of appellate powers. He prays for grant of leave to appeal. Learned counsel for applicant- complainant has been heard. Versus Counsel for Applicant(s) : Anuj Kumar Chaudhary, Ganesh Shanker Srivastava Counsel for Opposite Party(s) : G.A. Vishal Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) A perusal of the impugned order dated 15.07.2025 would show that vide order dated 27th September, 2019, the accused was summoned and later he had moved an application dated 25th October, 2024 for dismissal of the complaint, wherein, no reply has been filed by the complainant. It is further evident from the order dated 15th July, 2025 that the complainant is continuously absent from the trial proceedings and noticing his conduct, last opportunity was granted to the complainant on 30th May, 2025 and 1st July, 2025, but despite that the complainant failed to appear before the trial court. It is also noticed by the trial court that the statement of the complainant was recorded on 19th May, 2023 and thereafter the complainant has shown complete lack of interest in the case, therefore, under such circumstances, the trial court was left with no option, but to dismiss the complaint. During the course of the hearing, learned counsel for the applicant- complainant was asked to show the zimni orders indicating his length of absence, but learned counsel has feigned ignorance about the period of absence of the complainant. Resultantly, no case is made out for grant of leave to appeal and the application is hereby dismissed. September 18, 2025 Raj NA419 No. 198 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad