2002 (8) TMI 883

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....he parties. 2. The petitioner filed a criminal complaint under Section 200 Criminal Procedure Code (for short 'Cr.P.C.') against respondent no. 1 in the court of Metropolitan Magistrate, Secunderabad for an alleged offence under provision of Section 138 of Negotiable Instruments Act. The petitioner was prosecuting the complaint diligently and had been attending the court of Magistrate on ....

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....that could not be a ground to dismiss his complaint for his appearance 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. 4. In our opinion, the learned Magistrate , and the High Court have adopted a very strict and unjust attitude resulti....