LALIT ADVERTISING Vs. DIGBOL TELECOMUNICATION LIMITED

JUDGEMENT

(1.) Notice was directed to be sent through SHO. Respondents No.1 and 2 both have refused to receive the notice sent by regd. A.D. Post.

(2.) This petition under Section 482, Cr.P.C. has been filed by the petitioner against an order of the Metropolitan Magistrate dated 7.1.2000 by which his criminal complaint filed for prosecution of the respondent under Section 138 of Negotiable Instrument Act was dismissed in default. In the petition it was sub-mined that counsel for petitioner was busy in another matter and he had requested one of his colleagues to appear on his behalf in the case but he could not appear. It was further submitted that the complainant was not well and the application for his personal exemption from appearance on that date alongwith medical certificate was also handed over to the colleague, who did not appear and file that application, for this reason, the complaint was dismissed for non-appearance of the complainant and the counsel.

(3.) It is further alleged that the court has passed the order for summoning of the accused person and that the accused had earlier put in appearance through one of its Director Mr. Kamal Kumar. It is requested that the impugned order dated 7.1.2000 be set aside and the criminal complaint be restored for proceeding with on merit. Petition is supported by an affidavit of Mr. Mukesh Jain, who is the partner of the petitioner firm.