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TMI Blog2021 (8) TMI 658X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of the petitioner that for the last few hearings, the petitioner could not attend the hearing before the court below due to personal and health issues and he had lost the contact details of the counsel on record, does not evoke confidence of the court, the matter could be restored on terms - Resultantly, the petition is allowed. The complaint is restored to file on payment of cost of ₹ 1,000/- to the respondent-accused - The court below shall take up the matter at the stage it was dismissed for non prosecution. - Criminal Petition No. 101269/2018 - - - Dated:- 27-7-2021 - Shivashankar Amarannavar , J. For the Appellant : Shivaraj S. Balloli, Adv. ORDER Shivashankar Amarannavar, J. 1. Heard the learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 017 filed an application for restoration of complaint and the trial court has passed the following order: Complainant counsel filed advancement application along with application for restoration of complaint. Complainant also present before the court. Heard the learned counsel for complainant. After perusing the order sheet and considerable absence of complainant this court was pleased to dismiss the complaint for non prosecution. The position of law is very settled that, when complaint is once dismissed for default, the Magistrate becomes function officio and he has no inherent power to restore the complaint dismissed for non prosecution. Under these circumstance, the present complaint cannot be restored by this court due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground of availability of an alternative remedy without considering the seriousness of the nature of the offences and the fact that the Trial Court had dismissed the complaint on a hyper technical ground viz. since the complainant had been appearing in person, despite order dated 16th April 1999, exempting him from personal appearance, the said exemption order became redundant and the complainant should have sought a fresh order of exemption from personal appearance. We feel that such a view defies any logic. An order of exemption from personal appearance continues to be in force till it is revoked or recalled. We are convinced that in the instant case, rejection of Appellant's petition under Section 482 of the Code has resulted in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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