PRAKASH CHANDRA Vs. RAJ KUMARI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 8 -5 -1984 passed by the Judicial Magistrate First Class, Bhanpura in Misc. Criminal Case No. 14 of 1981 whereby the petitioner's application under section 126 (2) of the Criminal Procedure Code, 1973 (for short the 'Code') has been dismissed.

(2.) CIRCUMSTANCES giving rise to the petition are these. The non -applicant Smt. Rajkumari is the wife of the petitioner. She filed an application under section 125 of the Code against him. It was registered as M.J.C. No. 18/80.

(3.) ON several occasions, the petitioner was not served. For hearing dated 8 -7 -1981, be was ultimately served prior to 3 -7 -1981. The petitioner sent a telegram which was received in the Court on 10 -7 -1981, to the effect that he is ill and has not received a copy of the application along with the notice and, therefore, an adjournment be granted. As he had not appear on 8 -7 -1981, he was proceeded ex parte on that date fixing the case on 29 -7 -1981 for ex parte evidence. The petitioner, subsequent to 8 -7 -1981, sent an application dated 16 -7 -1981 to the Court stating that he was ill and had also not received the copy of the application and that he be informed of the next date. This application was received in the Court on 17 -7 -1981.