REVINDER KUMAR @ RAVINDER PARSHAD Vs. PREM KUMAR

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside order dated 2.7.2008 passed by the Additional Sessions Judge, Ferozerpur (Annexure P-4) allowing the revision of the Respondent and set aside order dated 13.1.2005 passed by the Judicial Magistrate, Ist Class, Fazilka.

(2.) Learned Counsel for the Petitioner has submitted that the Petitioner had been regularly appearing before the trial Court but unfortunately he could not appear before the trial Court on 13.11.2003 and the complaint filed by the Petitioner was dismissed for want of prosecution vide order Annexure P-2. Thereafter the Petitioner moved an application for restoration of the complaint and the same was rightly allowed by the trial Court vide order dated 13.1.2005 (Annexure P-3). In revision, learned Additional Sessions Judge had erred in setting aside the order dated 13.1.2005 vide order dated 2.7.2008 (Annexure P-4). In support of his arguments, learned Counsel has placed reliance on the decision of this Court in Nambhi Raj v. Adarsh Diwan,2004 1 RecCriR 978, wherein, in para 4, it was held as under:

(3.) Learned Counsel has further placed reliance on the decision of the Apex Court in The Associated Cement Co. Ltd. v. Keshvanand,1998 1 RecCriR 309, wherein, in para 16, it was held as under: