Amar Nath Mishra vs State Of Jharkhand And Others

Anubha Rawat Choudhary, J

Learned counsel for the petitioner Mr. Amit Kumar Sinha is present.

Learned counsel for the opposite party No. 2 Mr. Sunil Kumar Mahto is present.

Learned counsel for the State Mr. Navin Kumar Singh is also present.

This petition has been filed for restoration of Cr. Revision No. 573 of 2009 which was dismissed for non-compliance of order dated 16.11.2021.

Learned counsel for the parties submit that the case arises out of conviction under Negotiable Instruments Act and the parties have entered into out of court settlement and they intend to file a joint compromise petition before this court. He also submits that on the date when the case was called out, learned counsel for the petitioner could not remain present and the case has been dismissed for non-prosecution.

Learned counsel for the opposite party No. 2 as well as State has no serious objection to the restoration of the case.

Upon perusal of records of Cr. Revision No. 573 of 2009, this court finds that the counsel for the petitioner as well as opposite party no. 2 had not appeared on 27.09.2021 and office was directed to issue notice to the petitioner as well as opposite party No. 2 so that they may engage a counsel for disposal of the case. Thereafter the notice was served upon the petitioner and learned counsel for the petitioner had entered appearance, but again nobody had appeared for the petitioner on 16.11.2021 when the case was dismissed on account of non-prosecution.

Considering the aforesaid circumstances and the argument of the learned counsel for the parties, the Cr. Revision No. 573 of 2009 is restored to its original file and the order dated 16.11.2021 dismissing the case for non-prosecution is hereby recalled subject to payment of cost of Rs. 5000/- by the petitioner before the Jharkhand State Legal Services Authority. The payment receipt be filed within a period of 10 days from today.

Only upon compliance of this order, the Cr. Revision 573 of 2009 be posted before appropriate Bench as per roster in the 4th week of March, 2022.