AMARJEET SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) NO notice is required to be served in this case on respondent no. 2 since the respondent no. 2 was not served before the Trial Court. Leave to appeal is granted for the reasons stated therein. Admit. This appeal has been preferred against the order of 17th May, 2007 when none appeared for the complainant despite several calls and the learned Metropolitan Magistrate dismissed the complaint for non-appearance. It is stated in the appeal that on 17th May, 2007 complainant could not appear before the Trial Court as he had gone to Bangalore on account of urgent official work. He tried to contact his counsel on telephone to seek exemption from personal appearance but he could not do so since telephone of his counsel was not responding.

(2.) NO reason has been given by the appellant as to what urgent work was on that day which compelled him to go to Bangalore. NO document has been placed on record to show that he had gone to Bangalore and therefore, could not appear before the Trial Court. NOrmally, once an advocate is engaged by a litigant he appears in the case on the date of hearing . NO reason has been given as to why his advocate did not appear in the Court on that day. However, considering all facts and circumstances and attitude of the appellant the order of the Trial Court is set aside and complaint is restored to its original number subject to cost of Rs.20,000/- to be paid in Delhi Legal Aid Committee. The appellant to appear before learned Metropolitan Magistrate on 1st NOvember, 2007 and produce receipt of payment of cost. The appeal stands disposed of.