Dheeraj Sharma v. Mithun Kaushik

-1CRM-M-45606 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45606 of 2017 Date of Decision: 05.07.2018 Dheeraj Sharma ....Petitioner

Versus

Mithun Kaushik ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Pankaj Gupta, Advocate, for the petitioner. None for the respondent.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C. prayer has been made for setting aside order dated 15.06.2017 of the learned Judicial Magistrate Ist Class, Faridabad, whereby complaint of the petitioner under Section 138 of the Negotiable Instruments Act was dismissed in default. Learned counsel for the petitioner inter alia contends that on 16.05.2017 neither petitioner nor respondent appeared on account of jotting down wrong date. Therefore, learned Magistrate ordered for issuance of notice to both of them and their counsel as well for 15.06.2017. For the adjourned date i.e. 15.06.2017, Ahlmed did not issue any notice.

Therefore, learned Magistrate issued warning to the Summoning Clerk/Ahlmed and simultaneously dismissed the complaint illegally in default, observing that there was no necessity to issue any notice, which observation of the Magistrate is illegal, inasmuch as the learned Magistrate had no power to review its own earlier order for issuance of notice to both the parties. Despite service, no one has appeared on behalf of the respondent. Ravinder Singh 2018.07.06 17:58 I attest to the accuracy and authenticity of this document Heard.

In view of above, impugned order being illegal is set aside.

-2CRM-M-45606 of 2017 Learned Judicial Magistrate Ist Class, Faridabad, is directed to restore the complaint to its original number and proceed with the same in accordance with law.

Disposed of.

(RAMENDRA JAIN) July 05, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2018.07.06 17:58 I attest to the accuracy and authenticity of this document