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2017 Supreme(P&H) 850

A.B.CHAUDHARI
Varsha Aggarwal – Appellant
Versus
Avtar Singh – Respondent


Advocates:
For the Petitioner:Mr. Shrey Goel, Advocate.

JUDGMENT

Mr. A. B. Chaudhari, J. (Oral) - Rule heard forthwith.

2. It is not necessary to issue notice to respondent-complainant since this Court is not making any order adverse to the interest of the respondent-complainant.

3. Learned counsel for the petitioner has invited my attention to the zimini orders. According to him after filing of the complaint under Section 138 of Negotiable Instruments Act (in short, NI Act), not a single zimini order shows zimini of accused summons to the petitioner. On the contrary, according to him the remark is that the petitioner has not been served. He submits that despite this position the trial Court has issued the order declaring her as proclaimed person and the revision filed by the petitioner has also failed.

4. I have perused the zimini orders produced on record.

5. Though it is true that zimini orders do not affirmatively show any service of the accused summons on the petitioner, the fact remains that the petitioner has not appeared before the trial Court. It is not possible to accept the contention raised by counsel for the petitioner that the petitioner never knew about the pendency of the complaint against her.

6. I have perused the impug










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