GE CAPITAL SERVICES INDIA v. ANIL SINGHAL

1. Leave granted. Application stands disposed of. \^^ 1(to be numbered)

2. None appears on behalf of the Respondent despite service. Acomplaint under Section 138 of the Negotiable Instruments Act, 1881 ('the Act') was preferred by the Petitioner on 20.01.2012 and the same was dismissed in default by an order dated 18.04.2012 as the Complainant failed to appear in the Court on the said date.

3. It is urged by the learned counsel for the Petitioner that the process fee could not be filed as the clerk working with the learned counsel for the Petitioner had left the service before 18.04.2012 without informing the status ofthe case. None appeared on behalf of the Complainant as the learned counsel for the Complainant could not reach Dwarka Courts because of his professional commitment at Tis Mazari Courts and the learned counsel requested one Mr.Alok Pandey, Advocate to look after 2013:DHC:8342 18.04.2012 and for not taking steps. In view of above, the order dated 18.04.2012 passed by the learned Metropolitan Magistrate is set aside and the Complaint is restored to its original number.

6. Ihe Appeal is allowed in above terms. Parties are directed to appear before the learned Metropolitan Magistrate on 28.02.2013.

JANUARY 29, 2013 ^'^TAL, J. V