Bhupinderpal Singh v. Paramjit Singh

CRA-AS No. 350 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRA-AS No. 350 of 2024 Date of Decision: 21.10.2024 Bhupinderpal Singh ...Appellant

Versus

Paramjit Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. A.P.S. Sandhu, Advocate for the appellant.

Mr. B.S. Chahal, Advocate for the respondent.

**** ANOOP CHITKARA, J.

1.

Aggrieved by dismissal of complaint for non-prosecuƟon vide order dated 08.09.2022, the complainant had come up before this Court. 2.

I have heard counsel for the parƟes and have also gone through the record.

3.

It would be appropriate to reproduce the order vide which the complaint was dismissed in default and the said order reads as follows:- "Complainant did not turn up today. Perusal of the file shows that the present complaint was presented and registered on 27.02.2018. AŌer appearance of accused noƟce of accusaƟon was framed against the accused on 04.07.2019. Since then the present complaint is pending for evidence of complainant On 24.05.2022 neither the complainant nor his counsel put an appearance before the court and case was fixed for awaiƟng appearance of complainant. Again on 02.08.2022 neither the complainant nor his counsel put an appearance before the court and case was fixed for awaiƟng appearance of complainant for today i.e. 08.09.2022.

Case called several Ɵmes before lunch and aŌer lunch, but neither complainant nor anyone else has appeared on his behalf. It has already 04.00 p.m. It is presumed that complainant does not want to proceed with the present complaint. Appearance of complainant is awaited sufficiently. Keeping in view the circumstances of the present complaint Jyoti Sharma 2024.10.25 13:12 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRA-AS No. 350 of 2024 where the complainant himself is not appearing to proceed with the present case, the present complaint stands dismissed in default for want of prosecuƟon. Accused stand discharged. Bail/surety bonds also stands discharged. File be consigned to the Record Room."

4.

Perusal of the aforesaid order reveals that no message was sent to the Bar Room to call the counsel or any inƟmaƟon to Munshi of any lawyer. It is apparent that the Chief Judicial Magistrate was in a hurry and no opportunity was granted. 5.

Given above, the order dated 08.09.2022 is quashed and set aside. ParƟes are directed to appear before the trial Court on 04.11.2024 at 11 A.M. Counsel for the parƟes to convey the date to their respecƟve parƟes. 6.

Given above, the present appeal is allowed. All pending applicaƟons, if any, stand disposed. Perusal of the impugned order reflects that accused was on bail, as such, there is no need for the accused-respondent to furnish fresh bail/surety bonds and bonds already furnished shall suffice.

(ANOOP CHITKARA) JUDGE 21.10.2024 JyoƟ Sharma Whether speaking/reasoned :

Yes Whether reportable :

No.

Jyoti Sharma 2024.10.25 13:12 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh