L B ELECTRONICS Vs. RANGS TECHNOLOGIES (I) LTD

JUDGEMENT

(1.) This appeal has been preferred against the order dated 12th January, 2005 of the learned Metropolitan Magistrate which reads as under:

(2.) The appellant has stated in the appeal that he and his counsel could not appear on the date given by the learned Metropolitan Magistrate as the date noted by the counsel for the appellant was 22nd January, 2005 instead of 12th January, 2005 and the appellant had been religiously pursuing the case prior to that. The complaint was in respect of two cheques for sum of Rs.1,30,257/- which got dis-honoured. The learned Metropolitan Magistrate instead of dismissing the case should have adopted the other course available to him.

(3.) The perusal of the order would show that the learned Metropolitan Magistrate waited for the complainant till 2.30 p.m. and dismissed the complaint only when none appeared till 2.30 p.m. As far as wrong noting of date is concerned, I consider that this is the common excuse being adopted in most of the cases where the complainant or his counsel do not appear in the Court. However, considering the interest of justice and the fact that this was the only absence of the complainant and the complainant had earlier been prosecuting the case diligently, the appeal is allowed subject to cost of Rs. 10,000/- which the complainant must bear for his negligence. The cost be deposited in Delhi Legal Aid Committee and receipt be produced before Trial Court. The complainant is directed to appear before ACMM, Patiala House on 30th August, 2007.