GURBACHAN SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) This is a petition under Section 482 of Code of Criminal Procedure for setting aside the impugned order dated 15.01.2010, whereby, the Complaint No. 66/07 dated 11.08.2007 titled as Gurbachan Singh v. Amar Singh and Anr. has been dismissed in default by the Additional Chief Judicial Magistrate, Hoshiarpur and also to set aside the impugned order dated 29.10.2010 passed by the Additional Sessions Judge (Ad hoc) Fast Track Court, Hoshiarpur thereby dismissing the revision filed by the Petitioner.

(2.) Facts of the case are that the Petitioner filed a complaint against the Respondents under Sections 323, 324, 452, 506/ 34 IPC in the Court of Additional Chief Judicial Magistrate; Hoshiarpur on 11.08.2007 and levelled allegations as contained in the complaint. The Petitioner examined two witnesses in his favour in preliminary evidence and the case was adjourned for the remaining P.Ws.

(3.) It is contended that the complaint was listed on 24.10.2009. The Petitioner noted down the next date of hearing as 15.02.2010 and accordingly the counsel for the Petitioner made entry in his Diary on 15.02.2010. On 15.02.2010, the counsel for the complainant having found that the case is not listed for hearing, he inquired into the matter and he came to know that in fact, the complaint, in question, was listed for hearing on 15.01.2010 and not on 15.02.2010 and as such since neither the complainant nor his counsel appeared before the Court, the Additional Chief Judicial Magistrate dismissed the complaint in default vide order dated 15.01.2010.