S K MAKIN Vs. BACHAN LAL

JUDGEMENT

(1.) THIS petition is directed agaisnt the order passed by learned judicial Magistrae, Chandigrh dated 27. 11. 1993. By virtue of the impugned order, the learned trial court dismissed the complaint filed by s. K. Makin for want of prosecution.

(2.) A persual of the record shows that the complainant did not appear. His application seeking exemption from personal presence was dismissed. Since the complainant was not present in Court, learned trial court dismissed the complaint for non-prosecution.

(3.) THE reason as to why complainant did not appear before the learned trial court on 27. 11. 1993 has been mentioned in the application namely that the petitioner-complainant was out of station. In the peculiar facts and circumstances, the order passed by learned Judicial Magistrate disallowing the said application and thereafter dismissing the complaint for non-prosecution cannot be justified. Consequently the impugned order is set aside. Petitioner is directed to appear before learned Judical Magistrate on 8. 2. 1996.