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2003 Supreme(Del) 275

R.C.CHOPRA
KALPANA TYAGI – Appellant
Versus
SNEH LATA SHARMA – Respondent


Advocates Appeared:
Manbir Singh, Rajesh Tyagi

R. C. CHOPRA

( 1 ) THESE two petitions under Sections 482 of the Code of Criminal Procedure ( hereinafter referred to as "the Code" only) are directed against orders dated 21. 2. 1993 passed by the learned Metropolitan Magistrate dismissing in default the complaints filed by the petitioner under Section 138 of the Negotiable Instruments Act

( 2 ) (HEREINAFTER referred to as" the Act" only ). Both the complaints filed by the petitioner were dismissed when none had appeared on her behalf but the accused respondent was present with her counsel. The revisions filed by the petitioner against the said orders were dismissed by the learned ASJ vide orders dated 22. 7. 1994.

( 3 ) I have heard learned counsel for the petitioner and learned counsel for the respondents. I have gone through the records.

( 4 ) BEFORE adverting to the question as to whether the complaints dismissed in default should be restored or not, this Court has been called upon to decide as to whether the revisions filed by the petitioner before the learned ASJ were maintainable as Section 256 of the Code specifically says that in respect of trial of a summons case by a Magistrate, if the complainant does not appear on the d








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