Bajrang Electric Company v. Shree Krishan Electronic Valley

CRA-S-4-2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRA-S-4-2022 Reserved on 29.4.2022 Pronounced on : July 14, 2022 Bajrang Electric Company ......Appellant Vs.

Shree Krishan Electronic Valley ......Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr.Sanchit Punia, Advocate for the appellant. Mr. Akshat Sharma, Legal Aid Counsel for the respondent *** ANOOP CHITKARA J.

Criminal Complaint No. NACT/2033/2018, under Section 138 of the Negotiable Instruments Act, District Hisar Feeling aggrieved by the trial court's order, dismissing the complaint in default due to the complainant's non-appearance, the complaint has come up before this Court by filing the above-mentioned appeal.

2.

A perusal of the impugned order dated 19-10-2021, passed by Ld. JMIC, Exclusive Court N.I.Act, Hisar, reveals that despite waiting till the end of the court hours, the complainant failed to appear, and the court proceeded to dismiss the complaint in default by presuming that the complaint was not interested to pursue it. 3.

The explanation offered by the complainant in paragraphs of this appeal is that the nonappearance was due to misunderstanding. By the time the complaint's counsel checked the case, it had already been dismissed.

4.

Despite service, the accused respondents did not choose to appear and this court proceeded by appointing a legal aid counsel.

5.

I am satisfied by the explanation offered for non-appearance and as such on this ground alone, the impugned order is set aside.

6.

There is another aspect of the matter. On 19-10-2021 the matter was listed for SONIA ARORA 2022.07.15 16:45 I attest to the accuracy and integrity of this document

CRA-S-4-2022 --2-- compromise and the complainant did not appear in compromise and the court proceeded further to dismiss the complaint for want of prosecution. Ld. court forgot that there was no prosecution on the day when the matter was listed for compromise. The appeal is allowed even on this ground.

7.

Considering the facts and circumstances peculiar to this case, the appeal is allowed and the impugned order is set aside and let the trial proceed further in accordance with law. Appeal allowed.

All pending application(s), if any, stand closed. (ANOOP CHITKARA) JUDGE July 14, 2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.07.15 16:45 I attest to the accuracy and integrity of this document