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2015 Supreme(Del) 4284

SURESH KAIT
Surat Singh – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates:
For the Petitioner:Mr.Sanjeev Salhan, Advocate.
For the State/Respondents No. 1: Mr.Izhar Ahmad, APP.

JUDGMENT :

Suresh Kait, J.

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner assailed the order dated 20.09.2014 passed by learned Additional Sessions Judge - 04, South-East District, Saket Courts, New Delhi in Criminal Revision Petition No. 15/2014 titled as Dharam Godha v. Surat Singh.

2. Consequent to service of notice upon respondent No. 2 and appearance of his learned counsel on 19.03.2015, none appeared on his behalf on last date of hearing i.e. 15.07.2015. So is the position today. Therefore, this Court is compelled to dispose of the petition in his absence.

3. The complainant/respondent No. 2 instituted a criminal complaint case bearing No. 1757/1 under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner and vide order dated 15.04.2014 same was dismissed in default and for non-prosecution. Consequently, the petitioner was acquitted.

4. Being aggrieved from the said order passed by learned Trial Court on 15.04.2014, respondent No. 2/complainant preferred the above-noted Criminal Revision Petition which was converted into appeal and allowed vide order dated 20.09.2014.

5. Being aggrieved, petitioner has as


















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