BHIMMI Vs. PERSHADI

JUDGEMENT

(1.) This is an application for revision of an order of the Bench Magistrates of Aonla dated the 3 October, 1924.

(2.) The facts of the case are as follows : On the 31 June, 1924, Bhimmi, the applicant in this case, filed a complaint against Pershadi, under Section 352 and Section 323 of the Indian Penal Code. The complaint was instituted in the Court of the Sub-Divisional Magistrate of Aonla. The Magistrate recorded the evidence of some witnesses under Section 202 of the Criminal P. C.. He then transferred the case to the Court of the Banch Magistrates of Aonla for disposal. The Bench. Magistrates examined the accused and then asked the parties to adduce all their evidence. The complainant examined a certain number of witnesses and the accused also examined a certain number of witnesses. The hearing of the case was concluded on the 24 September, 1924. On that date they passed an order that judgment would be delivered on the 30 September, 1924. They directed the accused to be present on that date. On that date it was discovered that the complainant was present but the accused was absent. Then the Bench Magistrates ordered the complainant to file a process fee to secure the attendance of the accused on the 3 October the complainant did not file the process fee required. The case came on for hearing on the 3 October, 1924. The following order was recorded on the order sheet on that date: The case came up for hearing. The complainant has not filed process fee in spite of An order to this effect. It is hereby directed that the case be dismissed for default of prosecution and Pershadi accused be acquitted and the papers be consigned to records.

(3.) Against this order Bhimmi, the complainant, has filed this application for revision. This application has been sent to this Court for disposal.