MR. LOHITH.M Vs. MR. BASAVARAJU

JUDGEMENT

(1.) Notice to be issued to the respondent is dispensed with as the respondent is the accused before the Trial Court, has not made his appearance before the Trial Court.

(2.) The present petition is filed calling in question the order passed by the learned XXIII Addl. C.M.M, Bengaluru, in dismissing the complaint for non-prosecution on 04.01.2016 and also dismissing the application for recalling of the said order filed by the complainant vide orders dated 101.2016.

(3.) On careful perusal of the ordersheet of the Trial Court, it reveals that, on various occasions, the complainant has promptly taken steps to secure the presence of the accused by furnishing the process to the Court and accordingly, Court has issued summons and non-bailable warrants to secure the presence of the accused. Particularly, on 16.01.2015, NBW was issued and process was paid, but the Court recorded its finding on 22.04.2015 that the NBW issued against the accused was not returned. However, it again posted the case for steps. As the complainant has not paid the P.F, in spite of granting time on 07.10.2015, the case came to be dismissed for non-prosecution on 04.01.2016.