Rajesh Churiwal v. Varun Vinimay Pvt. Ltd. & ANR.

05.10.2021 Court No.39 Item No.81 C.R.R. 722 of 2012 SB In the matter of : Rajesh Churiwal No one appears on behalf of the petitioner when the matter is called on for hearing. No accommodation is sought.

On the last few occasions that is on 01.09.2021, 02.09.2021, 06.09.2021, 07.09.2021 when the matter was called on for hearing no one appeared on behalf of petitioner or prayed for any accommodation.

Since the matter pertains to an appellate order of conviction and sentence passed under Section 138 of the Negotiable Instruments Act, on 07.09.2021 this Court issued an Administrate Notice requiring the petitioner to attend the Court on the next date, failing which an ex parte order on merits or dismissal for non-appearance would be passed.

Perused the report placed before this Court regarding the service of Administrative Notice, it appears that the notice could not be served because the summonee was not staying at the said address for the last two years. The petitioner has not provided any other address of communication after he purportedly shifted out from his known residence.

Even no one represents the petitioner.

Accordingly, the revisional application is dismissed for default Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. .

(JAY SENGUPTA, J.)