RANGBHADRA ACHARYA Vs. ROHINI CHOPRA AND ANOTHER

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside order dated 01.12.2012 passed by learned Judicial Magistrate Ist Class, Gurgaon (Annexure P/1) whereby complaint No. 649 dated 08.09.2012/12.10.2012 titled as "Ranghadra Acharya vs. Rohini Chopra and another" has been dismissed for want of prosecution.

(2.) I heave heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioner-complainant vehemently argued that the counsel for the petitioner in trial Court had inadvertently recorded a wrong date of hearing, as a result of which petitioner was informed about the wrong date of hearing. The complainant was not having the knowledge that the case is fixed for 01.12.2012. The complaint was at initial stage before the Trial Court. Even the respondent had not appeared on the date fixed. The impugned order is merely based on technical ground and not on merit.