SANDEEP AGGARWAL Vs. VINITI AGGARWAL

JUDGEMENT

(1.) BY way of the present petition filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) , the petitioner has assailed the order dated 23.08.2014 passed by learned Metropolitan Magistrate, Mahila Court, Saket Courts, New Delhi in Complaint Case No. 456/3/12 titled 'Viniti Aggarwal vs. Sandeep Aggarwal'.

(2.) THE main grievance of the petitioner/ husband in the present petition is that he was proceeded ex -parte by learned trial court on 23.08.2014 in his absence as he was informed the next date of hearing as 28.8.14, when he appeared before the Trial Court on 11.8.2014. In support of his contention, the petitioner has relied upon the copy of order dated 11.08.2014 downloaded from the internet purportedly passed by relieving Metropolitan Magistrate, Mahila Court (South -East District) , New Delhi during first half of the day on 11.08.2014 as the concerned Metropolitan Magistrate happened to be on leave during pre -lunch session.

(3.) THE comments of learned Metropolitan Magistrate was called for and the same were received in a sealed envelope. The concerned Metropolitan Magistrate has mentioned in her comments that Reader of the Court was on leave for the whole day on 11.08.2014. The comments have been again sealed. The proceedings dated 11.08.2014 as available in trial court goes to show that the matter was taken up after lunch by concerned Metropolitan Magistrate on 11.08.2014 and since none appeared on behalf of the petitioner/ husband, the matter was adjourned to 23.08.2014 in the presence of the respondent/ wife and her counsel whose presence is recorded in the order sheet dated 11.8.2014 and the same has not been disputed by either of the parties.