CONTERMANN PIEPERS INDIA LTD Vs. HIMACHAL FIBRES LTD

JUDGEMENT

(1.) THIS revision petition is directed against the orders dated 20. 4. 2002 and 12. 6. 2002 respectively dismissing the complaint of the petitioner and dismissing his application for restoration of complaint.

(2.) BRIEF facts leading to the presentation of the present petition are that the petitioner filed a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act against the respondent in the Court of the learned Sub-Divisional Judicial Magistrate, Nalagarh. The complaint was at the initial stage for appearance of the complainant who was exempted from personal appearance and was fixed for consideration on 20. 4. 2002. When the case was called on due date, none put in appearance, therefore, the case was ordered to be called again. The case was again called at 4. 50 p. m. when none put in appearance. Therefore, the complaint was dismissed under Section 256 of the Code of Criminal Procedure (hereinafter referred to as the Code ). The complainant then moved an application for restoration of the complaint which was also dismissed vide order dated 12. 6. 2002. Being aggrieved by the orders, the petitioner has filed the present petition.

(3.) I have heard the learned Counsels for the parties and have perused the relevant records.