ROHIT KUMAR Vs. NIRBA ASSOCIATES

JUDGEMENT

(1.) The petitioner herein/complainant, becoming aggrieved, from, the, order made, by, the learned Judicial Magistrate concerned, on, 3.7.2018, (i) wherethrough, for, want of personal appearance of the complainant, despite, his holding knowledge, vis-a-vis, Criminal Complainant No.201-3 of 2018, becoming fixed, on, the, afore date, hence, constrained, the, learned Judicial Magistrate concerned, to, dismiss, Criminal Complainant No.201-3, of, 2018, for, non prosecution, has, thereagainst, hence, constituted, the, extant criminal appeal, before, this Court.

(2.) The statutory tests, for, invalidating, or, for validating, the, impugned order, become(s), embodied, in, Section 256, of, the, Cr.P.C., provisions whereof, stand, extracted hereinafter:-

(3.) Consequently, for the foregoing reasons, the instant petition, is, allowed, and, the order impugned before this Court, is, set aside. The learned Judicial Magistrate concerned, is, directed, to, restore the Criminal Complaint No.201-3 of 2018, to, its original number, and, thereafter, proceed, in, accordance, with, law. The parties are directed, to, appear before the learned Judicial Magistrate concerned, on 6th January, 2020. All pending applications, also stand, disposed of. Records, if any, received, be sent back, forthwith, to, the, concerned quarter.