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HIGH COURT OF DELHI
CRL.L.P.586/2014
SADA RAM KADIAN Petitioner
Through: Mr.Rishabh Kumar,Advocate.
Through: Mr.RajatKatyal,APP for State.
Mr. Pramod Singh & Mr. Mehraj . Tyagi, Advocates for respondent
No.2.
10.03.2015
ORDER
1. Upon issuance of notice, learned counsel for respondent No.2 has appeared and has made his submissions.
2. Learned counsel have been heard.
3. The petitioner seeks leave to appeal against the order dated 12.05.2014 passed by the learned MM, whereby the complaint was dismissed for non-prosecution on account of non-appearance of the complainant despite repeated calls. On the previous date as well,none ha#l appeared on behalfofthe complainant.
4. For the reasons aforesaid,the leave application is allowed. 2015:DHC:10966 V CrLA.No. /31 ^ /2015(to be registered and numbered)
5. Letthe appeal be registered and numbered.
6. I have beard learned counsel.
7. Since the complaint has been dismissed for non-prosecution, in my view, it would be appropriate that the appellant be granted one opportunity to pursue the complaint. The reason for non-appearance, as stated by the appellant, is that the date in the case bad not been correctly noted and the correct date could not be communicated to the appellant.
8. In these circumstances, the present appeal is allowed and the impugned order dated 12.05.2014 is set aside. The complaint is restored to its original number,subjectto the condition thatthe appellantshall pay costs ofRs.10,000/- to the respondent No.2 within two weeks. The appellantshall remain present with bis counsel on each date and no further indulgence shall be shown to the appellant on the matter of appearance before the learned Magistrate.
9. The parties shall appear before the learned Magistrate on 06.04.2015.
10. The appeal stands disposed ofin the aforesaid terms.
VIPIN SANGHI,J MARCH 10,2015 ' B.S. Rohella