2008 (1) TMI 988

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..... ve been extracted from Criminal Misc. No. 36522-M of 2006. 3. The challenge in the present petition is to the order dated January 23, 2002 whereby complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act ) was dismissed in default and order March 31, 2005 passed by the Additional Chief Judicial Magistrate, Sirsa whereby application filed by .....

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..... ssed by Addl. Chief Judicial Magistrate, Sirsa, the complaint was ordered to be dismissed in default, since no one turned up on behalf of the petitioner. Vide order dated March 31, 2005, the application for restoration of the complaint was also dismissed being not maintainable. In revision, order dated March 31, 2005 was upheld by learned Additional Sessions Judge, Sirsa. 5. Learned Counsel for .....

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..... n account of non appearance of the petitioner on one date. 6. Learned Counsel for the petitioner did not dispute that application filed by the petitioner before the Court below for recalling the order was not maintainable and accordingly the same was rightly dismissed by the Court below. However, submission is that this Court under Section 482 of the Code can certainly direct restoration of the .....

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..... efore this Court for setting aside the said order of dismissal of the complaint and acquittal of the accused on the ground that in the given facts and circumstances, the dismissal of the complaint and acquittal of the accused was not justified or there were sufficient reasons for non-appearance of the Complainant before the Court on the date fixed, or the Magistrate has not properly exercised his .....

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..... ance before the Court to face trial. 8. In the above factual matrix, I find that the non-appearance of the petitioner/complainant on the date fixed was not intentional accordingly the order dated January 23, 2002 passed by Additional Chief Judicial Magistrate, Sirsa is set aside and the complaint filed by the petitioner is restored to its original number. The petitioner is directed to appear be .....

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