Delhi District Court
Rohit Dhupar vs . The State & Another on 21 March, 2007
1
IN THE COURT OF SH N K SHARMA
ADDL. SESSIONS JUDGE: DELHI
Crl.Rev.No.18/2007
Rohit Dhupar Vs. The State & Another
Crl.Rev.No.19/2007
Rohit Dhupar Vs. The State & Another
ORDER
Vide this common order, I shall dispose off the two Criminal Revision Petition No.18/07 and 19/07 as complainant in both the cases is the same and the matter under challenge is common in nature.
2 Present revision petitions mentioned above are directed against the impugned order dated 24-07-06 passed by the Trial Court, whereby the complaint cases u/s 138 N.I.Act were dismissed in default.
3 TCR were summoned and I have heard the counsel for the revisionist and have carefully gone through the entire material placed before me.
24 The Ld. Counsel for the revisionist has argued that the present cases pertains to PS Moti Nagar and was fixed for 8.2.2006 and in the meantime the cases pertaining to PS Moti Nagar including these cases were transferred to Rohini Courts and the Revisionist tried his level best to locate both the cases on 8/2/2006 but he could not locate the same. It is further submitted that the Revisionist did not receive any Court notice and in the meantime these cases again transferred to Tis Hazari Courts and the Counsel for the complainant was able to locate the status of these cases only on 5.2.2007 in the Court of Sh. Prashant Kumar and on inspection of the file he came to know that from 8.2.2006 the cases were adjourned to 24.07.2006 and on that date the cases were dismissed in default.
5 Perusal of the record reveals that both the above matters of the revisionist were listed on 24.07.06 before the trial court and on that day none on behalf of the complainant/revisionist herein appeared before the trial court and hence his cases were dismissed in default and for non prosecution.
6 The revisionist has explained his non appearance before the trial court on 24.07.06.
37 In my considered opinion, non appearance of the revisionist before the transferee court is neither intentional nor deliberate but under the circumstances explained above.
8 In the light of the above discussion and for the reason given therein, the impugned order dated 24.07.06 is set aside and both the complaint cases are ordered to be restored to their original position and number and the Trial Court is directed to dispose off the cases in accordance with law. Revisionist is directed to appear before the trial court on 17-4-2007. A copy of this order be placed on the record of Crl.Revision No.19/07 titled Rohit Dhupar Vs. The State & Another. TCRs be returned to the trial court alongwith attested copies of this order forthwith. Revision file be consigned to RR.
Announced in the open (N.K.SHARMA) Court on 21-03-2007 ADDL.SESSIONS JUDGE DELHI 4 Crl.Rev.No.18/2007 Rohit Dhupar Vs. The State & Another 21-03-07 Present : Counsel for the Revisionist.
TCR received.
Arguments heard. Vide my separate common order announced today both the Criminal Revision Petitions bearing No.18/07 titled Rohit Dhupar Vs. The State & Another and Criminal Revision No.19/07 titled Rohit Dhupar Vs. The State & Another are allowed and disposed off.
A copy of this order be placed on the record of Crl.Revision No.19/07 titled Rohit Dhupar Vs. The State & Another. TCR be returned to the trial court alongwith attested copies of this order forthwith. Revision file be consigned to RR.
(N.K.SHARMA) ADDL.SESSIONS JUDGE/DELHI 5 Crl.Rev.No.19/2007 Rohit Dhupar Vs. The State & Another 21-03-07 Present : Counsel for the Revisionist.
TCR received.
Arguments heard. Vide my separate common order announced today in Criminal Revision No.18/07 titled Rohit Dhupar Vs. The State & Another both the Criminal Revision Petitions bearing No.18/07 titled Rohit Dhupar Vs. The State & Another and No.19/07 titled Rohit Dhupar Vs. The State & Another have been allowed and disposed off.
A copy of this order be placed on the record of the present file. TCR be returned to the trial court alongwith attested copies of this order forthwith. Revision file be consigned to RR.
(N.K.SHARMA) ADDL.SESSIONS JUDGE/DELHI