BHAGRA STEELS SALES PVT LTD Vs. SUNIL MOHAN

JUDGEMENT

(1.) THE appellant filed a complaint against the respondent under Section 138 of the Negotiable Instrument Act, 1881, in short "the Act" before the learned Chief Judicial Magistrate, Shimla.

(2.) PRELIMINARY evidence was recorded on 14th September, 2006. The respondent was ordered to be summoned as an accused. When his presence could not be procured in the ordinary way, bailable warrants were ordered to be issued vide order dated 17th May, 2007. The learned trial Court was unsuccessful to procure the presence of the respondent for want of correct address, Whether reporters of the Local papers are allowed to see the judgment? therefore, vide order dated 7th August, 2008 correct address was required to be filed again alongwith process fee. Record reveals that twice the appellant committed default to comply with the order of the Court and the case was ultimately adjourned for 3rd March, 2009 for the presence of respondent, on which date neither the complainant nor his counsel put in appearance and as such the complaint was dismissed in default and the said order reads as follow:-

(3.) HEARD and gone through the record.