SURESH KUMAR Vs. DEV RAJ

JUDGEMENT

(1.) The grievance of the petitioner in the instant petition, filed under Section 482 of Code of Criminal Procedure, is to order dated 05.10.2019, passed by learned Judicial Magistrate, 1st Class, Court No.7, Shimla, H.P., whereby the complaint filed by the petitioner was dismissed in default.

(2.) Since as per the submissions made by learned counsel for the parties the complaint had been dismissed in default on the first date of listing prior to issuance of any summons/notice to the respondent, therefore, there is no necessity to issue notice of the present petition to the Whether reporters of Local Papers may be allowed to see the judgment? Yes. respondent. Also the given facts and circumstances of the case, coupled with the nature of order being passed hereinafter, do not cause any prejudice or irreparable loss to the respondent at this stage.

(3.) The complaint was preferred by the petitioner under Section 138 read with Section 142 of the Negotiable Instrument Act, against the respondent before learned Chief Judicial Magistrate, Shimla. As per averments made in the petition, the complaint for the first time was listed before learned Judicial Magistrate, 1st Class, on 05.10.2019, when it was dismissed in default with following order:-