Final Order 1

Order Details: Copy of Order - 1
Pdf Text: C.C.No. 11034/SS/2019
Order below Exh.1:
This is a case u/s.138 of N.I. Act for dishonour of a cheque . The
complainant HDFC Bank Ltd. had advanced loan. The process was issued
against the accused.
2. The demand notice issued by the complainant by registered post
was served upon the accused. Summons were issued on several occasions but
the complainant failed to secure the presence of accused hence, I was
constrained to keep the matter for dismissal order. Even thereafter,
complainant is not taking steps to secure the presence of accused. Complainant
failed to trace out the new address of the accused. Hon’ble Bombay High
Court has directed to organize Special Drive prior to National Lok Adalat for
disposing of cases u/s.256 and 258 of Code of Criminal Procedure. This is a
fit case to be disposed u/s.256 of Code of Criminal Procedure due to non
appearance of complainant and not taking necessary steps by tracing out the
new address of the accused following order is passed.
ORDER:
1. The complaint is dismissed for non appearance of complainant and for
want of prosecution vide Sec.256 of Code of Criminal Procedure.
2. The accused is acquitted vide Sec.256 of Code of Criminal Procedure.
Date: 24/7/2024 sd/-
(A.A.Walujkar)
Judicial Magistrate (First Class)
56th Court, Mazgaon, Mumbai.
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