DEVAS TRADERS Vs. PREM PRAKASH

JUDGEMENT

(1.) Learned counsel for petitioner placed reliance on single bench decisions of this Court in Right Services, Ratlam v. Chhotu Bhaiya Road Lines, Ratlam 2003 (2) MPLJ 523 and Vijay Singh v. Surendra Singh ILR (2010) MP 2346 wherein it has been held that complaint under Section 138 of Negotiable Instruments Act ordinarily should not be dismissed on single non-appearance.

(2.) Since the respondent was not served, so Court below ought to have waited for the Advocate who was appearing for the petitioner. Order dated 19.1.11 is harsh and strict and is liable to be quashed. It is hereby quashed. Complaint Case No. 239/09 is restored to its original number. Trial Court shall re-register the case at the same number and will proceed further after the proceeding dated 13.1.11. Office is directed to send back the record immediately to the trial Court. Petitioner is directed to appear before the trial Court on 27.08.12.

(3.) Petition is allowed with the aforesaid directions. Final Result : Allowed