2021 (8) TMI 658

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....tuted proceedings under Section 200 of Cr.P.C. against the respondent for the offence under Section 138 of N.I. Act in PCR No. 127/2012, which later on converted into C.C. No. 799/2017. 5. The respondent-accused was summoned and he has appeared and engaged a counsel to represent him. The plea of the respondent was recorded and the case has been posted for complainant's evidence. The complainant who is petitioner herein remained absent on several dates and lastly on 03.06.2017, when the case has been posted for complainant's evidence, the trial court passed the following order: "Case called out. Complainant absent continuously. Case is of the year 2012. The complainant is absent since the beginning. The counsel for compla....

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....r for non prosecution. It is contended that for the last few hearings, the complainant could not attend the hearing before the court below due to his personal and health issues and as such, the petitioner had lost the contact details of the counsel and he could not contact him to instruct about his status. 8. Learned counsel for the petitioner submitted that this court exercising powers under Section 482 of Cr.P.C. can quash the order even though there is alternative remedy for filing of an appeal and there is no absolute bar for entertaining a petition under Section 482 of Cr.P.C. 9. To buttress his argument, he has placed reliance on the decision of Hon'ble Apex Court in the case of Panjab State Warehousing Corporation Faridkot ....