SANWATRAJ MEHTA Vs. JUGAL KISHORE DAVE

JUDGEMENT

(1.) This appeal has been filed against an order passed by the learned Judicial Magistrate, Balotra dated Dec. 3, 1980,

(2.) The appellant, who is an Advocate, applied to be enlisted as a member of the Bar Association, Balotra from March 31, 1980 and paid Rs. 17/- as admission fee and annual subscription for the year 1980. In the receipt issued by the Secretary Bar Association, Balotra the year 1979 was erroneously mentioned instead of the year 1980. The appellant filed a criminal complaint against Jugal Kishore Dave, the then Secretary of the Bar Association, Balotra alleging that he had committed an offence punishable under Sec. 466, Indian Penal Code. The complaint was entertained by the learned Judicial Magistrate, First Class, Balotra and a charge was framed against Juga Kishore Dave in respect of an offence under Sec. 465, Indian Penal Code. The case was then posted for Dec. 31, 1980 for recording the evidence of the complainant.

(3.) On Dec. 3, 1980 when the case was called on for hearing the complainant-appellant was absent. No person appeared on his behalf and he was not represented by a lawyer. The appellant sent by post an application for adjournment of along with a medical certificate, which does not bear any date. The learned Magistrate did not accept the adjournment application which was received by post and as neither the complainant nor his lawyer was present and further as no witness was present on his behalf, the complaint was dismissed under Sec. 256, Code of Criminal Procedure.