High Court of Punjab and HaryanaCRM-A/182/2017disposed of

Rekha v. Ranjiv Singh

2020-01-24Mr. Justice Ramendra Jain2 pages

-1CRM-A-182-MA of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-A-182-MA of 2017 Date of Decision: 24.01.2020 Mrs. Rekha ...Applicant

Versus

Ranjiv Singh ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. G.C. Shahpuri, Advocate, for the applicant. RAMENDRA JAIN, J. (ORAL) Through this application under Section 378(4) Cr.P.C., prayer has been made for grant of leave to file appeal against order dated 02.12.2016, of trial Court, whereby complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by applicant was dismissed in default, on account of his non-appearance.

Learned counsel inter alia contends that dismissal of complaint of the applicant by trial Court vide impugned order on account of single default of non-appearance, is disproportionate and harsh in view of the fact that applicant was appearing throughout on each and every date prior to that date.

After giving anxious thought to the submissions made by learned counsel for the applicant, this Court is of the considered view that applicant should not be condemned unheard inasmuch as duty of the Courts RAVINDER SINGH 2020.01.27 11:00 I attest to the accuracy and integrity of this document

-2CRM-A-182-MA of 2017 is to impart justice to the litigants and not to non-suit them on technical grounds. In the instant case, only on a single default of the applicant or his counsel, his complaint was dismissed vide impugned order which is a very harsh step taken by the trial Court.

Considering overall facts and circumstances of the case, impugned order dated 02.12.2016, is set aside subject to deposit of `5,000/- as costs with the District Legal Services Authority, Faridabad. The trial Court is directed to proceed further with the complaint of the applicant in accordance with law, by restoring the same to its original number. Applicant is directed to appear before the trial Court on 26.02.2020. The instant Criminal Miscellaneous Application, stands disposed of, accordingly.

(RAMENDRA JAIN) January 24, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.01.27 11:00 I attest to the accuracy and integrity of this document