JITENDRA SINGH Vs. JAI KARAN SINGH AND ORS.

JUDGEMENT

(1.) By virtue of this Petition, the Petitioner who was the complainant before the learned Additional Chief Metropolitan Magistrate (ACMM) seeks setting aside of the order dated 04.02.2013 whereby the Petitioner's complaint for the offence punishable under Section 500 of the Indian Penal Code (IPC) was dismissed for non appearance of the Petitioner (the Complainant) and the accused was acquitted.

(2.) The short ground submitted by the learned counsel for the Petitioner for setting aside of the impugned order is that the Petitioner's absence on the date the complaint was dismissed was not intentional and thus the learned ACMM erred in dismissing the complaint and acquitting the Respondents.

(3.) A perusal of the impugned order reveals that a complaint for the offence punishable under Section 500 IPC was preferred sometime in the year 2006. After recording pre-summoning evidence, the Respondents were ordered to be summoned for the offence punishable under Section 500 IPC by an order dated 25.08.2008. The learned ACMM noticed that the complainant absented on large number of hearings compelling the learned ACMM to dismiss the complaint in terms of Section 256 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by the impugned order. The relevant portion of the order is extracted hereunder:-