( 1 ) CRIMINA1 complaint of the peitioner under section 138 of the Negotiable Instruments Act was dismissed in default at 10. 30 A. M. vide order dated 2. 8. 2002. Petitioner Is a big company and is being represented in cases filed by it through Its various attorneys. Mr. K. B. Singh , Attorney who was appearing on behalf of the comp1ainant had resigned pr1or to the dismissal of the complaint.

( 2 ) THE court hours, for the Sessions courts and courts of Metropo1itan Magistrates, are from 10 A. M. to 4 p. M. Complaint was dismissed at 10. 30 A. M. which are early hours of the day. The High Court has been Issuing instructions from time to time to the subordinate courts that the cases should not be dismissed in default In the early hours of the day. Dismissal of a case In default causes immense hardship to the party and to get it restored is not an easy process. That is why courts have been impressed upon to wait for the parties till late hours before the case Is dismissed in , default clue to non-appearance of the party or his counsel.

( 3 ) DURING the last few days, this court has dealt with large number of cases where the cases filed by private parties were dismissed i