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TMI Blog2016 (5) TMI 1556X X X X Extracts X X X X X X X X Extracts X X X X ..... en any default on the part of complainant. Even when the matter was listed on 2.6.2015, petitioner, as per his version, could not appear as he had noted down a different date and in support of such contention, he has also annexed the copy of his case diary - Evidently, a very hyper technical and pedantic approach has been adopted by the learned court below by dismissing the complaint for default. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to whether personal attendance of the complainant was essential on the date for the progress of the case - appeal allowed - decided in favor of appellant. - Cr. Appeal No. 367 of 2015 - - - Dated:- 6-5-2016 - The Hon ble Mr. Justice Tarlok Singh Chauhan, Judge. For the Petitioner : Mr. Balwant Thakur, Advocate. For the Respondent : Mr. Sunil Sharma, Advocate. Tarlok Singh Chauh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in default. File after due completion be consigned to Record Room. Sd/ Gaurav Mahajan Addl. CJM, Theog District Shimla, HP 2. It is not in dispute that the complaint was pending trial from the year 2013 and there is no material on record to suggest that there had earlier been any default on the part of complainant. Even when the matter was listed on 2.6.2015, petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 and the Hon ble Supreme Court has held that the complaint ought not to have been dismissed by the court on account of single default on the part of complainant. It is apt to reproduce paras 3 and 4 of the judgment. 3. From the contents of the impugned order of the High Court, we have noticed that there was one singular default in appearance on the part of the complainant. The learned Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant. 5. The order passed by the learned court below is extremely harsh. Moreover, the learned court below has not at all considered as to whether personal attendance of the complainant was essential on the date for the progress of the case. 6. Having said so, I find merit in this appeal and accordingly the same is allowed. The impugned order passed by learned Addl. Chief Judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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