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TMI Blog2019 (3) TMI 1959X X X X Extracts X X X X X X X X Extracts X X X X ..... ions Judge, Ludhiana is liable to be set-aside on the ground of non-maintainability of the revision petition. However, the finding recorded by the Revisional Court that the respondent has shown a bona fide cause for non-appearance is upheld. Therefore, considering the fact that the petitioner has shown a bona fide ground that he could not deposit the publication charges in time, the order of trial Court dismissing the case for non-prosecution, seems to be a very harsh decision. It is not disputed that the petitioner was not served at that stage and the complainant was required to deposit the publication charges for effecting service upon the petitioner/accused so arrayed in the complaint. Thus, holding that the complainant has shown b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shonour of two cheques for an amount of ₹ 1,85544/- and ₹ 1,93,526/-, respectively on account of purchase of some material. The cheques were dishonoured by the bank with the remarks 'Insufficient Funds' on 29.01.2014. During the pendency of the complaint, on 01.06.2015, the case was fixed before the trial Court for depositing the publication charges for effective service of the petitioner - Ramanjeet Singh, however, on account of nonappearance of the complainant and his counsel, the same was dismissed in default on 01.06.2015. 3. Thereafter, the respondent filed a revision before the Court of Sessions and the Additional Sessions Judge without issuing notice to the petitioner/respondent accepted the same while noticing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. In reply, counsel for the respondent has argued that at the stage, when the complaint was dismissed for non-appearance, the petitioner was not served, therefore, the Revisional Court was not required to issue notice to the petitioner. It is further submitted that the Revisional Court has rightly held on merits that the trial Court without affording proper opportunity to the petitioner to deposit the publication charges, in a haste, has dismissed the complaint for non-prosecution though, the complainant was regularly appearing before the trial Court. 6. Counsel for the respondent has relied upon the judgment Purshotam Mantri v. Vinod Tandon @ Hari Nath Tandon , 2009(1) RCR (Criminal) 442, wherein it has been held that the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint 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 nonappearance of the Complainant before the Court on the date fixed, or the Magistrate has not properly exercised his discretion while not adjourning the complaint and dismissing the same. 7. Counsel for the respondent has further argued that the petitioner has shown a bona fide cause for his non-appearance before the trial Court as the petitioner could not deposit the publication charges due to unavoidable circumstances and since the respondent was not served by that date, there was a representation for the respondent, the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om 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. 12. We are convinced that in the instant case, rejection of appellant's petition under Section 482 of the Code has resulted in miscarriage of justice. Availability of an alternative remedy of filing an appeal is not an absolute bar in entertaining a petition under Section 482 of the Code. As aforesaid, one of the circumstances envisaged in the said Section, for exercise of jurisdiction by the High Court is to secure the ends of justice. Undoubtedly, the Trial Court had dismissed the complaint on a technical ground and therefore, interests of justice required the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the respondent has shown a bona fide cause for non-appearance is upheld. Therefore, considering the fact that the petitioner has shown a bona fide ground that he could not deposit the publication charges in time, the order of trial Court dismissing the case for non-prosecution, seems to be a very harsh decision. It is not disputed that the petitioner was not served at that stage and the complainant was required to deposit the publication charges for effecting service upon the petitioner/accused so arrayed in the complaint. 12. In view of the judgments Punjab State Warehousing Corporation, Faridkot and Purushotam Mantri's cases (supra), I deem it appropriate to exercise suo moto inherent power under Section 482 Cr.P.C., 1973 to r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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