DINESH MITTAL Vs. SITARAM MITTAL

JUDGEMENT

(1.) HEARD Mrs. A. Modi, learned counsel for the petitioner. Also heard Mr. Kekhriengulie, learned counsel appearing for the respondents No.1 to 10.

(2.) THIS revision petition has been filed challenging the order dated 12.1.2010, passed by the learned Chief Judicial Magistrate, Dimapur, Nagaland in CR Case No.22/2008, with the following grounds :-

(3.) ON 17.11.08, the trial Court recorded that the complainant was absent for three consecutive dates of hearing. Simultaneously, an application was also filed on behalf of the accused persons praying for dismissal of the case on the ground of non-appearance of the complainant for three consecutive dates. In the said application, a Family Settlement Deed dated 06.07.07, registered on 06.10.08 was also annexed. By the order dated 12.01.2010, the learned trial Court, taking note of the Partnership Deed dated 01.04.06 and Family Settlement Deed dated 06.07.07, dismissed the case holding it to be essentially of civil nature. It would appear that, on the prayer of the parties, one more opportunity was granted to the parties to reach an amicable settlement and only after the learned trial Court was notified that the settlement could not be arrived at between the parties, the learned trial Court had passed the impugned order dated 12.01.2010.