UNITED PHOSPHORUN LTD Vs. MODERN KHETI CENTRE

JUDGEMENT

(1.) The respondents have not been served. Counsel for the petitioner contended that there was no need to send notices to the respondents as the complaint was at the initial stage and the respondents had not been summoned. Reliance in support of this contention is placed on a decision in Plywood Industries v. Ajay Kumar, 2000 1 RCR 700. In such circumstances the service of the respondents is dispensed with.

(2.) The petitioner had filed a complaint under section 138 of the Negotiable Instruments Act against the respondents which was dismissed vide imougned order dated 7th July, 1999 (Annexure P-1) on the ground of non appearance of the complainant, although counsel for the complainant had moved an application for exemption. Counsel for the petitioner contened that the statement of the witnesses had already been recorded, as such, nothing was to be done by the complainant so, in these circumstances, the court was not justified to dismiss the complaint

(3.) Keeping in view the circumstances of the case and the fact that offence is non-compoundable, the complaint is restored. Now the judicial magistrate 1st Class, Bathinda is directed proceed with the case henceforth in accordance with law. The complainant is directed to appear before him on 8-1-2001 for further proceedings.