Rajinder Kumar v. Sanjiv Kumar
CRM-A-1652-MA-2016 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-A-1652-MA-2016 (O&M) Date of Decision: 17.12.2024 Rajinder Kumar ...Applicant
Versus
Sanjiv Kumar
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. KarƟk Gupta, Advocate for the applicant.
Mr. Brijesh Nandan, Advocate for the respondent.
**** ANOOP CHITKARA, J.
1.
Aggrieved by dismissal of complaint in default which amounts to acquiƩal, the complainant has come up before this Court by filing the present leave to appeal under SecƟon 378(4) CrPC.
2.
Heard counsel for the parƟes. Leave to appeal granted. 3.
Counsel for the appellant submits that due to his non-appearance before the trial Court, his complaint was dismissed for non-prosecuƟon which resulted in acquiƩal of respondent- accused.
4.
On the other hand, counsel for the respondent submits that the appellant was not appearing before the trial Court and despite issuance of noƟce, he remained absent and trial Court rightly dismissed his complaint. 5.
Without entering into controversy and without adjudicaƟng whether noƟces were correctly served or not, ends of jusƟce would meet if the said order is quashed and set aside. Given above, the appeal is allowed. ParƟes are directed to appear before the concerned Court on 13.01.2025. PeƟƟoner shall deposit a sum of Rs.10,000/- to PGI Poor PaƟent Welfare Fund, Chandigarh. It is clarified that complainant shall not seek any adjournment before the trial Court as maƩer is already delayed.
Jyoti Sharma 2024.12.20 17:20 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh
CRM-A-1652-MA-2016 (O&M) 6.
In case peƟƟoner does not appear on 13.01.2025 and does not hand over receipt of Rs.10,000/-, then this order shall stand recalled automaƟcally by referring to SecƟon 362 CrPC (403 BNSS).
(ANOOP CHITKARA) JUDGE 17.12.2024 JyoƟ Sharma Whether speaking/reasoned:
Yes Whether reportable:
No.
Jyoti Sharma 2024.12.20 17:20 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh