Crl. Misc. No.337-MA of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No.337-MA of 2009
Date of decision: 04.10.2011
S.K. Malhotra alias Sanjiv Kumar Malhotra @ Sanjiv Malhotra
....Appellant
Versus
Sh. B.L. Sharma
....Respondent
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
Present: - Ms. Avinash Mandla, Advocate, for
Mr. M.L. Sharma, Advocate, for the appellant.
Mr. P.B. Vasudeva, Advocate, for the respondent.
1.Whether Reporters of local papers may be allowed to see the judgment?
2.Whether to be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
*****
ALOK SINGH, J (ORAL)
Complaint under Section 138 of the Negotiable Instruments
Act was dismissed for non-prosecution vide order dated 20.3.2009 by
the Judicial Magistrate, Ist Class, Chandigarh, refusing adjournment and
exemption of personal appearance of the complainant. Impugned order
further reveals that Mr. Gagandeep, proxy counsel for the complainant
was present before the Magistrate, however, learned Magistrate
dismissed the complaint having observed that present complaint is one
of the oldest cases identified by the High Court to be disposed of at the
earliest.
In the opinion of this Court, if proxy counsel was present
before the Magistrate and was asking adjournment, adjournment ought
not to have been refused merely because case is oldest one, if otherwise
Crl. Misc. No.337-MA of 2009
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Magistrate finds that adjournment is sought on the sufficient ground,
therefore, order dated 20.3.2009 passed by the Magistrate cannot be
sustained in the eye of law.
Order dated 20.3.2009 passed by the Magistrate is set aside.
Complaint is restored to its original number. Parties are directed to
appear before the Judicial Magistrate on 15.11.2011. Learned
Magistrate is requested to make every effort to conclude the complaint
preferably within ten months from 15.11.2011.
(Alok Singh)
Judge
October 04, 2011
R.S.