KAMAL SINGH Vs. SEEMA VAID

JUDGEMENT

(1.) Through the instant application under Sec. 378(4) Cr.P.C., prayer has been made for grant of special leave to file accompanying appeal against the order dtd. 19/5/2017, of the trial Court, whereby the complaint under Sec. 138 of the Negotiable Instruments Act, 1881, filed by the applicant was dismissed in default, on account of his non-appearance.

(2.) Learned counsel, inter alia, contends that the complaint was filed in the year 2016 and till the date of dismissal of complaint on 19/5/2017, the applicant was regularly appearing on each and every date without any default. The punishment of dismissal of complaint awarded to the applicant is dis-proportionate to the act of applicant of non-appearance on a single date. The applicant would suffer an irreparable loss, if the impugned order dtd. 19/5/2017, dismissing the complaint of the applicant is not set aside. The instant application has been filed, in view of the fact that the Magistrate, has no power to review his own order of dismissal of the complaint.

(3.) After giving anxious consideration to the submissions made by learned counsel for the applicant, this Court is of the considered opinion that nobody should be condemned unheard. Duty of the Courts is to impart justice to the litigants and not to non suit them on technical grounds. In the instant case, only on a single default of the applicant or his counsel, the complaint was dismissed vide impugned order which is a very harsh step taken by the trial Court.