Pawan Kumar Ahuja v. Manoj Saini

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-A-864-MA of 2018 (O&M) Date of Decision: 16.05.2024 Pawan Kumar Ahuja ...applicant-appellant

Versus

Manoj Saini

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

None for the applicant-appellant **** ANOOP CHITKARA, J .

1.

Seeking special leave to file appeal against judgment dated 03.01.2018 passed by Judicial Magistrate Ist Class, Ludhiana whereby the respondent has been acqui2ed under Sec3on 138 of Nego3able Instrument Act, 1881, the applicant-appellant has come up before this Court under Sec3on 378(4), Cr.P.C. 2.

On 10.12.2018, there was no representa3on on behalf of the applicant-appellant and the Coordinate Bench of this Court passed the following order which is reproduced as under:

"In the interest of jusce, adjourned to 29.03.2019." 3.

However, the ma2er was adjourned on various dates. 4.

Later on, the ma2er was taken up on 07.02.2023, and the applicant-appellant was not present and the following order was passed: "Case has been called thrice.

No one has put in appearance on behalf of the appellant. In the interest of jusce, adjourned to 06.07.2023." 5.

Again, on 06.07.2023, the applicant-appellant remained unrepresented and the following order was passed which reads as under: "There is no representaon on behalf of the pares. In the interest of jusitce, adjourned to 31.10.2023." Sonia Puri 2024.05.18 16:54 I attest to the accuracy and integrity of this document

CRM-A-846-MA-2018 6.

Further, the ma2er was taken up on 02.05.2024 and none had come present on behalf of the applicant-appellant and the following order was passed by this Court: "Case called again.

There is no representa3on on behalf of the applicant. List on 09.05.2024."

7.

However, on 09.05.2024, the applicant-appellant again did not come present and the following order was passed by this Court which reads as under: "On last date of hearing, the applicant-appellant was unrepresented. Even today, none has made appearance on his behalf. List on 16.05.2024.

It is clarified that if the applicant-appellant fails remains unrepresented on the next of date of hearing, this Court may dismiss the present leave to appeal on account of default."

8.

The ma2er was taken up today and none has come present on behalf of applicant-appellant 9.

Despite being given various opportuni3es, the applicant-appellant is s3ll unrepresented. Seemingly, the applicant-appellant is not interested in pursuing the ma2er.

10.

Hence, the present applica3on is dismissed for non-prosecu3on. (ANOOP CHITKARA) JUDGE 16.05.2024 Sonia Puri Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.05.18 16:54 I attest to the accuracy and integrity of this document