BHOJRAJ SINGH CHAUHAN Vs. SHYAMLAL KUSHWAH

JUDGEMENT

(1.) This petition has been filed under Section 482 of CrPC against the impugned order dated 04/10/2016 passed by the Sessions Judge, Gwalior in Criminal Revision No.399/2016 confirming the order dated 04/8/2016 passed by the JMFC, Gwalior in unreserved criminal case No. ...../2016, whereby private complaint filed by the petitioner under qhas been dismissed for want of Court fees as well as for not submitting the original documents.

(2.) The facts of the case in short are that a complaint had been filed by the petitioner under Section 138 of Negotiable Instruments Act on 16/4/2016. Subsequently, the case was listed on 11/5/2016 and 24/6/2016. Ultimately, vide impugned order dated 04/8/2016, on both the grounds i.e. for want of presence of Advocate as well as for want of original documents and Court-fees, the complaint was dismissed by the trial Court. Against the aforesaid order, criminal revision was preferred before the Sessions Judge but the criminal revision also met with same fate without entering into the merits of the case.

(3.) Learned counsel for the petitioner has submitted that the orders of both the Courts below are bad in law and deserve to be set aside. The revisional Court dismissed the revision merely on the ground that there is no legal and jurisdictional error involved in the matter. Every court of law is under obligation to hear and decide the matter on merits. When the counsel for the petitioner was not available before the trial Court on the date when the impugned order was passed, the trial Court was required to issue SPC to the petitioner for ensuring his presence but such procedure has not been adopted by the trial Court. After expiry of considerable period, when nothing was heard by the petitioner from his counsel about the status of the case, he contacted his counsel and then he only got the information that aforesaid proceedings has been dismissed. It is the settled law that for the mistake committed by the counsel, the party should not be made to suffer. Hence, in the interest of justice, one last opportunity may be afforded to the petitioner.