SURESH CHANDRA CHOUBEY Vs. SUSHIL KUMAR KHANDELWAL

JUDGEMENT

(1.) This revision by accused Suresh Chandra Choubey is directed against the order dated 6.3.1982 passed by Shri P.S. Rawat, Judicial Magistrate First Class, Jabalpur in Criminal Case No. 584 of 1981.

(2.) The relevant facts are these, according to complainants Sushil Kumar Khandelwal and Kishanlal Khandelwal, accused Suresh Chandra Choubey and co-accused Ram Chandra Sanghi committed offences punishable under Sees. 448 and 379 read with Sec. 34 of the Indian Penal Code on 18.11.1975. On 24.3.1976, the complainants filed the first complaint against the two accused in the Court of Judicial Magistrate First Class, Jabalpur for the above said offences. The complaint was registered by the Judicial Magistrate and the summons were issued for their appearance in the Court. After the two accused made their appearance in the case, the case was fixed twice for recording evidence of the complainants - once on 2.8.1978 and for the second time on 10.10.1978. On both the dates the complainants committed default by their failure to summon their witnesses. Even, then the Judicial Magistrate granted them one more opportunity and fixed the case for recording the evidence of their witnesses on 22.3.1979. However, on this date also there was no improvement in the situation. Not only there was again a failure on the part of the complainant in summoning their witnesses but there was also default of appearance committed by them and their counsel. In the circumstances, the Judicial Magistrate was left with no other alternative but to dismiss the complaint filed by the complainants and discharge the accused.

(3.) Thereafter, the complainants made an application to the Judicial Magistrate for restoration of their complaint on 27.3.1979. It was stated in the said application that it was on account of they and their counsel having noted the date wrongly that they retained absent on 22.3.1979. The complainants also filed a revision against the dismissal of the complaint in this court. This Court vide its order dated 15.9.1979 passed in Criminal Revision No. 307 of 1979 dismissed the revision.