MOHAMMAD AZEEM Vs. A VENKATESH
LAWS(SC)-2002-8-151
SUPREME COURT OF INDIA
Decided on August 16,2002

MOHD.AZEEM Appellant
VERSUS
A.VENKATESH Respondents


Cited Judgements :-

HOTEL BANDRA INTERNATIONAL PRIVATE LIMITED VS. BRIJ MEHRA [LAWS(BOM)-2003-3-33] [REFERRED TO]
GUNARAM LILHARE VS. SANTRAM VERMA [LAWS(CHH)-2011-12-27] [REFERRED TO]
PIYUSH NARENDRABHAI PATEL VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2014-4-209] [REFERRED TO]
VINOD KUMAR VERMA VS. RANJEET SINGH RATHORE [LAWS(HPH)-2016-5-181] [REFERRED TO]
M/S SRIRAM TRADERS VS. M/S ABHISHEK TRADERS [LAWS(HPH)-2018-12-131] [REFERRED TO]
HARPAL SINGH VS. LAJWANTI [LAWS(HPH)-2017-10-107] [REFERRED TO]
SUBHASH ARORA VS. PAL INFRASTRUCTURE & DEVELOPERS PRIVATE LTD [LAWS(P&H)-2015-2-605] [REFERRED TO]
ARVINDER SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2012-4-35] [REFERRED TO]
DHIRAJ SINGH VS. SARDAR SINGH [LAWS(MPH)-2009-8-124] [REFERRED TO]
HEMANT KUMAR VS. SHER SINGH [LAWS(HPH)-2018-9-131] [REFERRED TO]
SHREEJI ENTERPRISE VS. STATE OF GUJARAT [LAWS(GJH)-2022-9-556] [REFERRED TO]
SONAM FINANCE LEASE CO PVT LTD VS. VASANTSINGH SHANKAR NARAYANSINGH [LAWS(BOM)-2008-3-86] [REFERRED TO]
ISHWAR KUMAR AGRAWAL VS. LEELAWATI SONI [LAWS(CHH)-2014-5-13] [REFERRED TO]
ASEEM SHABANALI MERCHANT VS. BRIJ MEHRA [LAWS(BOM)-2003-8-15] [REFERRED TO]
NARENDRA KUMAWAT VS. RANJEET [LAWS(MPH)-2016-7-46] [REFERRED TO]
VIJAY SINGH VS. SURENDRA SINGH [LAWS(MPH)-2010-2-54] [REFERRED TO]
SURESH SUBBA VS. UDAI SARKAR [LAWS(SIK)-2009-4-4] [REFERRED TO]
DOSHI DEVELOPERS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-8-210] [REFERRED TO]
BALCHANDRA VS. ISHWAR GOUDA [LAWS(KAR)-2023-6-1260] [REFERRED TO]
RAHUL BAR VS. ONENESS CHIT FUNDS PVT.LTD. [LAWS(KAR)-2023-3-281] [REFERRED TO]
POOJA SHARMA VS. SURESH KUMAR [LAWS(HPH)-2019-1-22] [REFERRED TO]
UMA DUTT VS. PAWAN KUMAR THAKUR [LAWS(HPH)-2017-12-151] [REFERRED TO]
HDFC BANK LTD. VS. STATE OF GUJARAT [LAWS(GJH)-2022-9-63] [REFERRED TO]
HARSHADBHAI DEVKARANBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2022-9-101] [REFERRED TO]
ANKUR ARUNRAO PAWALE VS. RITABEN RAMESHBHAI BHATT [LAWS(GJH)-2013-5-103] [REFERRED TO]
HARISINH BHAGWATSINH SARVAIYA VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-19] [REFERRED TO]
ABHAY KALE VS. OM NARAYAN SINGH @ MUNNA SINGH [LAWS(CHH)-2019-2-189] [REFERRED TO]
NIRMAL SINGH VS. DAWARKA NATH SHARMA [LAWS(P&H)-2015-10-516] [REFERRED TO]
VINOD KUMAR VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2015-2-833] [REFERRED]
MOHINI KAUL VS. STATE [LAWS(DLH)-2011-7-432] [REFERRED TO]
UMESH S/O RATTILAL CHOUHAN VS. NAYAK S/O GADADHAR NAYAK [LAWS(CHH)-2019-2-4] [REFERRED TO]
RIGHT SERVICES RATLAM VS. CHHOTU BHAIYA ROAD LINES [LAWS(MPH)-2003-2-51] [REFERRED TO]
DOLE RAJ THAKUR VS. PANKAJ PRASHAR [LAWS(HPH)-2018-1-82] [REFERRED TO]
SANTOSH KUMAR KEYAL VS. DURGA DUTTA BISWANATH [LAWS(GAU)-2013-7-39] [REFERRED TO]
BABULAL KHANDELWAL VS. LILADHAR [LAWS(MPH)-2009-11-16] [REFERRED TO]
BRIJESHKUMAR KIRITKUMAR MEHTA VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-76] [REFERRED TO]
DINESH AMRUTBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2010-3-78] [REFERRED TO]
UNION OF INDIA VS. ZAMSAWMTUANGA [LAWS(GAU)-2022-7-42] [REFERRED TO]
MOHD. IRFAN QURESHI VS. NAYEEM KHAN [LAWS(MPH)-2022-4-90] [REFERRED TO]
CHARANJEET SINGH VS. SHAKUNTALA DEVI [LAWS(UTN)-2017-11-93] [REFERRED TO]
MANJIT KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2006-4-188] [REFERRED TO]
S S YADAV VS. MUNISH SHARDA AND ORS [LAWS(P&H)-2014-10-235] [REFERRED]
M/S STL GLOBAL LIMITED VS. M/S DIVYANSHU KNIT FEB [LAWS(P&H)-2016-3-533] [REFERRED TO]
PRAMOD KUMAR JAIN VS. STATE OF NCT OF DELHI [LAWS(DLH)-2017-5-75] [REFERRED TO]
JAI KUMAR SAO VS. OM NARAYAN SINGH @ MUNNA SINGH [LAWS(CHH)-2019-2-187] [REFERRED TO]
SIDDIVINAYAK CO-OP CREDIT SOCIETY LTD VS. SHIVAMOGGI [LAWS(KAR)-2023-3-192] [REFERRED TO]
RATI RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-4-92] [REFERRED TO]
BAL KRISHAN RAWAT VS. PYARE LAL NEPTA [LAWS(HPH)-2018-1-171] [REFERRED TO]
AURANGABAD PEOPLES COOPERATIVE BANK LTD VS. RAMDAS MARUTI KURADE [LAWS(BOM)-2011-12-28] [REFERRED TO]
HITESH RASIKLAL SHAH VS. MAHAVIR GHEVARCHAD CHOPRA & 1 [LAWS(GJH)-2015-9-171] [REFERRED]
ASPIRE HOME FINANCE CORPORATION LTD. VS. STATE OF GUJARAT [LAWS(GJH)-2022-9-113] [REFERRED TO]
YASHWANT SINGH VS. PYARELAL UIKEY [LAWS(MPH)-2009-10-4] [REFERRED TO]
PRINT LINKS INDIA VS. KIRAN PAPER CONVERTORS AND MERCHANTS [LAWS(P&H)-2007-5-14] [REFERRED TO]
SARDAR SINGH VS. GIAN CHAND [LAWS(P&H)-2015-9-496] [REFERRED TO]
PRINCE ELECTRONICS VS. NAKLI RAM [LAWS(P&H)-2016-5-366] [REFERRED TO]
SREE LAKSHMI SAI SREE FINANCE VS. STATE OF A.P. [LAWS(APH)-2022-2-25] [REFERRED TO]
MOHMAD FARUQ GULAM MOHMADKHAN VS. STATE OF GUJARAT [LAWS(GJH)-2013-2-263] [REFERRED TO]
SHRI RAM TRANSPORT FINANCE COMPANY LTD VS. MANJU DEVI [LAWS(HPH)-2020-2-42] [REFERRED TO]
BAL KRISHAN RAWAT VS. PYARE LAL NEPTA [LAWS(HPH)-2018-1-30] [REFERRED TO]
SURESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-10-25] [REFERRED TO]
CHIRAG COMBINES VS. MAHESH CHHABRA [LAWS(CHH)-2021-8-78] [REFERRED TO]
SHREE STEELS VS. SHREE STEELS [LAWS(CHH)-2021-11-101] [REFERRED TO]
RIT ENTERPRISES VS. SHAKUNTALA TIWARI [LAWS(CHH)-2020-2-26] [REFERRED TO]
PANKAJ PREMJI DEDHIA VS. JAYANT PAPER MILLS LTD [LAWS(BOM)-2009-2-80] [REFERRED TO]
PANCHMUKHI TILES AND SANITARY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-10-41] [REFERRED TO]
MERCHANT ALIAS SOMJI AGRO INDUSTRIES AND INVESTMENT PRIVATE LIMITED VS. BRIJ MEHRA [LAWS(BOM)-2003-8-6] [REFERRED TO]
HOTEL BANDRA INTERNATIONAL P LTD VS. BRIJ MEHRA [LAWS(BOM)-2003-8-8] [REFERRED TO]
INDIA FINTRADE LTD VS. CHERRY FASHIONS LTD [LAWS(BOM)-2009-4-141] [REFERRED TO]
TERNA SHETKARI SAHAKARI SAKHAR KARKHANA LTD VS. ANANT LAXMAN GHOGRE [LAWS(BOM)-2011-4-113] [REFERRED TO]
SURESH KUMAR VS. DEV RAJ [LAWS(HPH)-2019-11-206] [REFERRED TO]
DOLE RAJ THAKUR VS. JAGDISH SHISHODIA [LAWS(HPH)-2018-1-29] [REFERRED TO]
H.B. Lalwani VS. G.S. Raikwar [LAWS(MPH)-2006-8-91] [REFERRED TO]
HI TECH SATLUJ PVT LTD VS. NORTH STAR CABLE Q DATA COM PVT LTD [LAWS(HPH)-2019-4-10] [REFERRED TO]
GUPTA HARDWARE PRIVATE LTD. VS. R.B. ENGINEERING AND COMPANY [LAWS(GAU)-2023-9-27] [REFERRED TO]
OMPRAKASH JALAN VS. LAXMINARAYAN OMPRAKASH PROP OMPRAKASH FAMILY TRUST [LAWS(GJH)-2007-3-188] [REFERRED TO]
RAJARAM NANDA VS. VINAY RANJAN MISHRA [LAWS(MPH)-2015-6-39] [REFERRED TO]


JUDGEMENT

- (1.)Special leave to appeal is granted. We have heard learned counsel appearing for both the parties.
(2.)The petitioner filed a criminal complaint under Section 200 of the Criminal Procedure Code (for short "crpc") against Respondent 1 in the Court of Metropolitan Magistrate, Secunderabad for an alleged offence under provision of Section 138 of the Negotiable Instruments Act. The petitioner was prosecuting the complaint diligently and had been attending the Court of magistrate on all dates excepting one because according to him he wrongly noted the date for hearing. Due to his absence on one day fixed for trial, the Magistrate by order dated 22-6-2001 dismissed his complaint and acquitted the accused. Aggrieved by the order of the Magistrate, the petitioner preferred an appeal under Section 378 (4) Crpc to the High Court and the High Court by the impugned order dated 24-7-2001 dismissed his appeal against which the petitioner has approached this Court.
(3.)From the contents of the impugned order of the High Court, we have noticed that there was one singular default in appearance on the part of the complainant. The learned Judge of the High Court observes that even on earlier dates in the course of trial, the complainant failed to examine the witnesses. But that could not be a ground to dismiss his complaint for his appearance (sic absence) on one single day. The cause shown by the complainant of his absence that he had wrongly noted the date, has not been disbelieved. It should have been held to be a valid ground for restoration of the complaint.


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