HARBEEN ARORA Vs. JATINDER KAUR

JUDGEMENT

(1.) By the present Petition, the Petitioner seeks setting aside of the order dated 12th July, 2010 passed in CC No. 1396/1/2004 granting permanent exemption from personal appearance to the Respondent herein.

(2.) Learned counsel for the Petitioner contends that the learned Metropolitan Magistrate erred in law while granting the permanent exemption to the Respondent herein, Jatinder Kaur. It is contended that the present case was not an appropriate case to grant permanent exemption from personal appearance to the Respondent. Learned Metropolitan Magistrate failed to appreciate the fact that the demeanor of the Respondent herein was not appropriate and she failed to respond to the summons issued to her twice by the learned Trial Court. The first application moved by the Respondent herein for permanent exemption from appearance was rejected by the learned Metropolitan Magistrate observing insufficiency of grounds and frivolity in the application. Thus, when the learned Trial Court granted/allowed the second application on same grounds, the same was an abuse of process of law and the learned Trial Court could not have reviewed its own order.

(3.) Per contra, learned counsel for the Respondent states that the dispute between the parties is of civil nature and a criminal complaint has been filed only to pressurize the Respondent to withdraw the civil suit filed against the Petitioner and her family members. It is further stated that the impugned order suffers from no illegality. She had produced the relevant record before the Trial Court when the application was heard and allowed. Further, the contention of the learned counsel for the Petitioner that the acts of the Respondent are only to cause delay has no merit as the Respondent was present on all occasions during the pendency of the proceedings and delay was always attributable to the Petitioner. Learned counsel contends that there was some miscommunication between the Respondent and her counsel thus she stated that she did not know the terms of settlement. There is no merit in the present petition and thus the same be dismissed.