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Judgment
7 paragraphs · 406 wordsAjay Mohan Goel, J
Cr. MP(M) No. 2060 of 2020
Heard. In view of the orders passed by the Hon'ble Supreme Court with respect to limitation during COVID19 pandemic, the appeal is within limitation. Accordingly, leave to appeal is granted. Appeal be registered. Application stands disposed of.
Cr. Appeal No. 119 of 2021
Having heard learned counsel for the appellant, this Court is of the view that there is no infirmity with the order, which has been passed by the learned Court below, because as neither the complainant nor his counsel chose to appear before the Court on 20.02.2020, but natural, the Court was having no option but to dismiss the petition for nonprosecution.
The contention of learned counsel for the appellant is that the learned Court below could not have had dismissed the petition for nonprosecution on the ground that the complainant was not present in the Court. There is no force in the contention of learned counsel for the appellant, for the reason that it is not as if learned Court below has dismissed the case for nonprosecution on the ground that the complainant was not present in the Court. In other words, it is not a case where the complainant was represented by the learned counsel, yet the learned Court below chose to dismiss the case for nonprosecution, on the ground that the complainant was not present, by ignoring the presence of learned counsel. It is reiterated that in the present case, neither the complainant nor his counsel was present and it was in these circumstances, that the case was dismissed for nonprosecution by the learned Court below.
Be that as it may, in the interest of justice, as a matter of indulgence, to ensure that the appellant is satisfied that his complaint is heard on merit, the appeal is disposed of with the direction that in the event of the appellant paying costs to the tune of Rs.25,000/, i.e., Rs.15,000/ in the Advocates Welfare Fund of District Mandi Courts Bar Association and Rs.10,000/ to the respondent, the order dated 20.02.2020 shall stand revoked and the complaint will be heard on merit. It is further clarified that the liberty granted by this Court shall be effective only if the cost is deposited by the appellant on or before 30th May, 2021 and thereafter, an application is filed by appending receipt qua payment of costs before the learned Trial Court.