SHER SINGH Vs. RAMDARSHAN

JUDGEMENT

(1.) This appeal is preferred against the order dated 20th April, 2007 passed by learned Metropolitan Magistrate whereby the complaint of the complainant was dismissed because of non appearance on the date of hearing on that day. It is stated by the appellant that the wife of the appellant was suffering from brain tumor since 2004 On 20th April, 2007, that is the date of hearing, his wife's condition was serious and he had to remain with his wife for her look after and in these circumstances, he could not appear before the trial court. His wife ultimately expired on 7th July, 2007. He has attached a death certificate of his wife. He submitted that his non appearance was due to this reason only.

(2.) Considering the reasons given by the appellant and the death certificate of his wife attached with this appeal, I consider that this appeal deserves to be allowed as the non appearance of the appellant was not deliberate and intentional.

(3.) In the result, the appeal is allowed and the impugned 20th April, 2007 passed by learned Metropolitan Magistrate is hereby set aside. The complainant is restored to its original number. Let appellant appear before the trial court on 12th November, 2007.