RAKESH BHASIN Vs. NEETA NAYYAR
HIGH COURT OF DELHI
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(1.) This application has been filed seeking leave to appeal against an order dated 31.7.2007 passed by learned MM dismissing the complaint of the applicant for non-appearance. Since no summons were served upon the accused and accused was not present at the time of passing of order of dismissal of complaint, I consider that no notice is required to be served on the accused. For the reasons stated in the application, this application is allowed. Admit.
(2.) This appeal has been preferred against the order dated 20.2.2007 whereby the complaint of the applicant was dismissed for non-appearance. It is submitted by the appellant that on 31.7.2007 counsel for the appellant Mr.S.P.Suman was on his way to Court, to attend the matter, when he received a phone call from his residence that his son suffered an injury in the school.
(3.) The counsel immediately rushed back from the mid way to fetch his son from the school so as to provide him appropriate medical aid. He, therefore, could not appear before the Court in time. However, condition of his son became normal at around 2.00 p.m. whereafter he rushed to the Court but the complaint had already been dismissed for non-prosecution.;
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