RAJDHANI ENTERPRISES Vs. STATE
HIGH COURT OF DELHI
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(1.) This appeal has been preferred against the order dated 5.11.2005
where by the complaint of the appellant was dismissed for non-appearance on the
ground that the complainant even did not appear on the previous date of hearing
and no exemption application has been moved on behalf of the appellant.
(2.) A perusal of the record would show that pre-summoning evidence
was completed in this case by complainant on 14.8.2005 and cognizance of offence
was taken by the learned MM on the same date. An order for issuance of summons
to accused returnable for 24.5.2005 was also made. On 24.5.2005 accused did not
appear while complainant was present in the Court and learned MM ordered for
issuance of bailable warrants for accused and fixed date as 20.10.2005. On
20.10.2005 the case already stood transferred from one MM to other MM by an
administrative order without notice to the complainant. None appeared on that
date before Court, no notice was issued by the transferee MM after receiving the
case on transfer to the complainant or the accused and the next date was fixed
ECHO is on.
as 5.11.2005. On 5.11.2005 none appeared for complainant and the complaint was
(3.) It is stated in the grounds for appeal that one Manish
KeJriwal, an employee of the appellant, was looking after the complaint cases.
Mr.Kezriwal left the services of petitioner without informing the progress of
the case to the appellant. The appellant could not come to know either of the
transfer of the case or of dismissal of the case and learnt about the dismissal
only in July 2006, when he made enquiries from Mr.KeJriwal who told that he was
not aware of the state of the case since he left the service. It is pleaded
that since the complainant was not informed of the transfer of the case from one
Magistrate to another Magistrate and the employee of the complainant who was
looking the case has also left the service, the complainant could not appear
before the Court.;
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