BHAGWANT SINGH Vs. SURESH STEEL INDUSTRIES KOTKAPURA

JUDGEMENT

(1.) THE present criminal miscellaneous petition has been filed under Section 482, Cr. P. C. by petitioner Bhagwant Singh for quashing the orders dated september 7, 1998 passed by the learned Judicial Magistrate, Faridkot, as well as the orders dated February 12, 1999 passed by the learned Additional sessions Judge Faridkot.

(2.) A complaint under Section 138 read with Section 142 of the Negotiable instruments Act, 1981 was filed by the complainant-M/s. Suresh Steel Industries (the present respondent) against Bhagwant Singh (the present petitioner ). During the course of the proceedings before the learned Judicial Magistrate, Faridkot, on February 10, 1998 the complainant was not present before the Court and "therefore the complaint was dismissed for want of prosecution.

(3.) SUBSEQUENTLY, the complainant moved an application before the learned trial Magistrate and requested for the restoration of the complaint. In the aforesaid application it was averred by the complainant that his wife had got high fever and the complainant being the only male member of the family had to take her the doctor for treatment and therefore he could not be present at the time when the case was called for hearing.