TEJ GURUNG Vs. KAILASH CHETTRI AND ORS.

JUDGEMENT

(1.) HEARD Mr. Sudesh Joshi, Learned Counsel for the Appellant.

(2.) THE Complainant/Appellant (hereinafter 'Complainant') being aggrieved by the Order of the Learned Judicial Magistrate, East Sikkim at Gangtok, in P.C. Case No. 7 of 2011 dated 07.03.2015, dismissing in default the Complaint lodged by the Complainant against the Accused/Respondent No. 1 (hereinafter 'Accused') has filed the instant Appeal.

(3.) AS the Accused was avoiding summons, a Bailable Warrant of Arrest (BWA) was issued against him on 12.08.2011. That the Accused had in fact been arrested and was granted Bail by a Siliguri Court with a direction to appear before the Learned Magistrate, East Sikkim on 21.05.2014, which was not complied with, consequent to which a Non -Bailable Warrant of Arrest (NBWA) was issued on 04.09.2013 by the Court of the Learned Judicial Magistrate. The NBWA was returned unexecuted with the report that the Accused had gone to Dubai for three years. As the Accused was untraced, a Proclamation under Section 82 of the Code of Criminal Procedure, 1973 (for short 'CrPC') was issued against him on 06.02.2015, returnable by 07.03.2015.