SHIVALIK FILLING STATION Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prayer in the present petition is for setting aside the Order dated 13.03.2009 passed by the Judicial Magistrate, 1st Class, Jagadhari, whereby, the complaint filed by the petitioner was dismissed in default and Order dated 02.07.2009 passed by the Additional Sessions Judge, Yamuna Nagar, whereby, the revision filed by the petitioner was dismissed. While praying for setting aside the said Order, learned counsel for the petitioner sub- mitted that the Judicial Magistrate 1st Class, Jagadhari after recording the evidence of the petitioner vide Order dated 23.11.2007 summoned the respondent to face trial under Section 138 of the Negotiable Instruments Act. As the respondent failed to appear despite summoning, therefore, his warrants of arrest was issued by the Court of Judicial Magistrate, 1st Class, Jagadhari. When the case came up for hearing on 13.03.2009, the Judicial Magistrate 1st Class, dismissed the complaint filed by the petitioner in default. The Additional District Judge, Yamuna Nagar vide Order dated 02.07.2009 dismissed the revision filed by the petitioner against the Order dated 13.03.2009 passed by the Judicial Magistrate 1st Class, Jagadhari on the ground that the revision petition is not maintainable.

(2.) NOTICE of motion was issued. No one has come present on behalf of re spondent No.2, despite service. Thus, the present petition has not been contested.

(3.) THUS , there is no dispute that the impugned Order dated 13.03.2009 passed by the Judicial Magistrate, 1st Class, Jagadhari, vide which, the complaint filed by the petitioner was dismissed in default, can be set aside in the proceedings under Section 482 of the Cr.P.C. Section 256 of the Cr.P.C reads as under :-