MANISHA TRADING PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) This revision petition under Section 397, 401 read with Section 482 of the, code of Criminal Procedure is directed against an order dated 20/10/2000 passed by learned Metropolitan Magistrate, New Delhi whereby a complaint filed by the petitioner under Section 138 of the Negotiable Instrument Act was dismissed in default on account of absence of the complainant.

(2.) I have heard Shri Manmohan, learned counsel for the petitioner and Sh.Rajiv Garg, learned;counsel for the respondents.

(3.) According to the petitioner a complaint under Section 138 of the Negotiable Instruments Act filed on its behalf was pending in the Court of Metropolitan Magistrate, New Delhi. On 6/6/2000 when the petitioner's counsel went to the Court with an exemption application on behalf of the petitioner neither the respondents nor their counsel were there and as such the matter was passed over to be taken up later.When the case was taken up again earned counsel for the petitioner was not there and as such a Court notice was ordered to be issued to the petitioner is counsel for 20/10/2000. It is averred that when learned counsel for the petitioner went to enquire about the next date, it was wrongly noted as 21/10/2000 instead of 20/10/2000. The exemption application moved: on behalf of petitioner was kept on record. A copy of the diary of the counsel showing no entry on 20/10/2000 and an entry regarding the case on 21/10/2000 has been annexed as Annexure 8 to the petition.