SUDHIR KUMAR JAIN Vs. DHEERAJ LAMBA

JUDGEMENT

(1.) This is an appeal under Section 378 Cr.P.C. filed by the appellant challenging the order dated 14th February, 2007 passed by the learned Metropolitan Magistrate in CC No.99/2001 titled as Sudhir Kumar Jain vs. Dheeraj Lamba whereby the complaint was dismissed in default for non-appearance.

(2.) It is the case of the appellant that a complaint under Section 138 of Negotiable Instruments Act was filed by him against the respondent which was pending before learned Metropolitan Magistrate. He was regular and diligently pursuing the matter in the Court. On 7th April, 2006, the case was transferred from Tis Hazari Courts to Rohini Court and after coming to know regarding the transfer of the case, he went to Rohini Court but by that time, the matter was adjourned for 14th February, 2007 and the presence of the appellant could not be recorded. On 14th February, 2007, the appellant could not appear before the Court at the time when the case was called because he was attending the Court of Sh. Lokesh Kumar Sharma, MM, and Sh. M.K.Gupta, ADJ at Tis Hazari Courts where two of his cases were listed on that date. His counsel had assured him to attend this matter. When the appellant reached the Court at 12:05 pm, he came to know that the complaint has been dismissed at 11:35 pm for non-appearance. A revision petition was filed before the District Judge which was withdrawn being not maintainable. It was submitted that non-appearance of the appellant was neither intentional nor deliberate but due to the aforesaid reasons. As such, the impugned order be set aside and the criminal complaint be restored to its original number.

(3.) Leave to appeal was granted and notice was issued to the respondent.