H.B. LALWANI Vs. G.S. RAIKWAR

JUDGEMENT

(1.) THIS appeal is directed by the appellant -complainant against the order dated 12.5.2003 and 13.5.2003 passed by the Judicial Magistrate, Bhopal in Criminal Complaint Case No. 114/02 dismissing the complaint on his single non -appearance and non compliance of the order for submitting the process fee.

(2.) THE facts giving rise to this appeal are that complainant filed a private complaint against the respondents in which the cognizance for the offences under section 211, 499 of IPC was taken and on payment of process fees the bailable warrants were directed against the respondents and the case was fixed for their appearance by order dated 13.3.2003. Subsequent to it the case was taken up on 12.5.2003. On such date neither the complainant appeared nor the process was submitted within the prescribed time. Resultantly, the complaint was dismissed on these grounds. On the next day, i.e. 13.5.2003 by mentioning some cause regarding his non appearance an application for restoration of the same was filed but on consideration it was dismissed. Resultantly, respondents deemed to be acquitted under section 245 of IPC, hence this appeal.

(3.) NO -one has appeared on behalf of the respondents to assist the Court for adjudication of this appeal.