STEEL STRIPS LTD Vs. BHAGWATI STEELS

JUDGEMENT

(1.) THE learned counsel for the petitioner has invited my attention to 1997 (2) All India Criminal Law Reporter 315 and states that while dismissing the complaint, the learned Judicial Magistrate did not exercise the discretion in judicial manner especially when the complaint was filed in 1994 and the complainant had been appearing before the learned Magistrate and did not commit any default in appearance. Moreover, the respondent had already been summoned. Relying upon the case law referred to above, the revision is hereby allowed. The impugned order dated 26. 9. 96 and the order dated 16. 12. 96 stand set aside. The case is remanded back to the trial Court with the directions to proceed with the complaint from the stage when it was dismissed. The parties through their counsel are directed to appear before the learned Magistrate on 10. 9. 1997. Petition allowed.