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High Court of Punjab and HaryanaCRM-M/47579/2021allowed

Baljeet v. Rajesh Yadav

2023-04-27Mr. Justice Anoop Chitkara2 pages

CRM-M-47579-2021 --12023:PHHC:060135

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-47579-2021 Decided on: 27.04.2023 Baljeet ......Petitioner Vs.

Rajesh Yadav ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Dr. Anand Bishnoi, Advocate for the petitioner. Mr. Abhinav Gupta, Legal aid counsel for the respondent.

*** ANOOP CHITKARA J.

Criminal Complaint No. NIACT/665/2019 instituted on 07.05.2019 titled as Baljeet vs. Rajesh Yadav, under Section 138 of the Negotiable Instruments Act, District Pataudi.

Feeling aggrieved by the trial court's order, dismissing the complaint in default due to the complainant's non-appearance, the complainant has come up before this Court by filing the above-mentioned petition.

2.

The explanation offered by the petitioner is that wrong noting and due to confusion created by the exemption application filed by the accused. 3.

Be that as it may, the trial Court was in a haste to dismiss the complaint and there is no reference that whether the message was conveyed to the bar about counsel for not appearing on that day.

4.

In the entirety of facts and circumstances of the case, the petition is allowed and the impugned order dated 28.02.2020 is hereby quashed and set aside and let the trial proceed further in accordance with law. Parties are directed to appear before the trial Court on 15.05.2023 at 10 am. The trial Court is directed to expedite the trial and make endeavor to complete it by 31.8.2023 subject to the condition that the parties shall not seek any adjournment. All pending application(s), if any, stand disposed of. 5.

This order is subject to the petitioner(s) depositing a sum of rupees one thousand (Rs. ANJU RANI 2023.04.29 13:54 I attest to the accuracy and integrity of this document 

CRM-M-47579-2021 --22023:PHHC:060135 1,000/-), by 15.05.2023, in the following account and hand over its receipt to the trial court. Account Name - HARYANA POLICE WELFARE FUND Account No. - 50100097073807 Account Type - Saving Account Bank Name - HDFC Bank, Sector-8, Panchkula IFSC Code - HDFC000108 (ANOOP CHITKARA) JUDGE 27.04.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.04.29 13:54 I attest to the accuracy and integrity of this document