CHANDER MOHAN CHAWLA Vs. BABU LAL

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure. 1973 (in short 'the Code') has been filed by the petitioner Chander Mohan Chawla assailing the order dated 11th October, 1985 passed by Smt. Pratibha Rani, Metropolital Magistrate, Delhi, as also the order dated 2nd May, 1985 passed by Shri V S. Aggarwal, Addl. Sessions Judge, Delhi.

(2.) Respondent No. I Babu Lal filed a complaint against the petitioner Chander Mohan Chawla and respondent No. 2 Madan Lal under section 183/ 457/468/471/34 Indian Penal Code on 6th October, 1981 and the same was pending before the learned Magistrate Smt. Pratibha Rani at the stage of pre-charge evidence till 20lh May, 1985. That complainant was fixed for hearing on 21st May, 1985 when neither the complaint nor his counsel was present and so the learned Magistrate dismissed the complaint and consequently dischnrged the petitioner and respondent No. 2

(3.) Complainant/respondent No. 1 Babu Lal moved an application on 1st July, 19S5 for fie restoration of his complaint before learned Magistrate who vide impugned order dated 11th October, 1985 allowed the same and restored the complaint.