RADHE SHYAM Vs. J M RAINA

JUDGEMENT

(1.) The petitioner and his counsel are absent. I have heard Shri Bishamber Dayal, counsel for the State.

(2.) The only ground on which the petitioner has filed this revision petition is that the complainant, who was the General Manager of the Delhi Electric Supply Undertaking of the Municipal Corporation of Delhi had not made his personal appearance and, therefore, the Magistrate had no discretion to adjourn the case at all in the absence of the complainant. It may be noticed that the complaint was presented to the learned Magistrate First Class, who was also the Special Magistrate, Delhi on 29th November 1967. Thereafter the case was adjourned. On 13th March 1968 the learned Magistrate had passed an order in writing as follows :-

(3.) It is seen from the order sheet that even subsequent to 13th , March 1968 the case was adjourned and by May 1969 the stage of defence had been reached; the defence was closed on 7th May 1969 and the case was posted for arguments for 2nd June 1969.