Kuldeep Singh v. Bhupinder Singh

CRM-A-80-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-80-2023 (O&M) Date of Decision: 17.12.2024 Kuldeep Singh ...Applicant

Versus

Bhupinder Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vaibhav Sehgal, Advocate for the applicant.

Mr. J.S. Dadwal, Advocate for the respondent.

**** ANOOP CHITKARA, J.

CRM-48686-2024 For the reasons menƟoned in the applicaƟon, the same is allowed and the accompanying reply is taken on record, subject to all just excepƟons. Main case 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.

Counsel for the complainant submits that non-appearance was because the complainant was indisposed and earlier he was appearing. 3.

Counsel for accused submits that the case is at the stage of defence evidence and they are appearing on each and every date and they will unnecessarily suffer.

4.

In the enƟrety of facts and circumstances of the case, the present leave to appeal is allowed. All pending applicaƟons, if any also stands disposed. Impugned order dated 12.04.2022 is quashed and set aside subject to the following condiƟons and observaƟons:- Jyoti Sharma 2024.12.19 15:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-A-80-2023 (O&M) i) applicant shall deposit an amount of Rs.5000/- to PGI Poor PaƟent Welfare Fund, Chandigarh on or before 13.01.2025.

ii) in case accused files an applicaƟon for personal exempƟon, the trial Court shall grant same except when presence of the accused would be essenƟal in the opinion of the trial Court.

iii) complainant shall not seek any unnecessary adjournment and shall remain present.

(ANOOP CHITKARA) JUDGE 17.12.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.12.19 15:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh