Full Text
CRL.M.C. 3013/2010
HIMACHAL PRADESH HORTICULTURAL PRODUCE MARKETING & PROCESSING
CORPORATION LTD ..... Petitioner
Through: Mr. Satish Mishra, Adv.
Through: Mr. Kanwal Chaudhary, Adv. for R-3.
HPHPMC ..... Petitioner
Through : Mr. Satish Mishra, Adv.
Through: Mr. Kanwal Chaudhary, Adv. for R-3.
08.08.2013
ORDER
1. The petitioner tiled a complaint under Section 138 of the Negotiable Instruments Act which was dismissed in default by the learned Metropolitan Magistrate on 30th September, 1998. The petitioner preferred a revision petition before the Sessions Court 2013:DHC:6858.. which was dismissed vide order dated 25th February, 2010.
2. The petitioner is seeking restoration of the complaint under Section 138 of the Negotiable Instruments Act on the ground that the case was not fixed for hearing on 30th September, 1998 and the presence of the complainant was not necessary on the said date. The petitioner has given the details of proceedings before 30th September, 1998 in the petition.
3. The learned counsel for respondent no.3 submits that the dismissal of the complaint by the learned Metropolitan Magistrate ' amounts to acquittal of the accused and the appropriate remedy for the petitioner is to file an appeal. The learned counsel refers to and relies upon the judgment of this Court in Krishna Kumar Gupta v. Mohammed Jaros, 2003 Crl. L.J. 102.
4. The learned counsel for the petitioner refers to and relies upon the judgment of the Supreme Court in Punjab State Warehousing Corporation Faridkot v. Mls Sh. Durga ji Traders & Ors., (2011) 14 SCC 615 wherein the Supreme Court has held that notwithstanding the availability of the alternative remedy of filing the appeal, this Court in exercise of inherent power under Section 482 Cr.PC, can restore the complaint to secure the ends of justice.
5. This Court is satisfied that the petitioner has made out a case for restoration of the complaint. Following the judgment of the Supreme Court in Punjab State Warehousing Corporation Faridkot (supra), the petitions are allowed, impugned order dated 30th September, 1998 is set aside and the petitioner's complaint. ' before the learned Metropolitan Magistrate is restored.
6. The parties are directed to appear before the learned Metropolitan Magistrate on 2"d September, 2013.
AUGUST 08, 2013 aJ