A bench of Justice Karol in the case tiled as Ajanta Enterprise vs Sri Apan Saha on 09.08.2019 has held that trial court does not have any power to restore a complaint.
Tripura High Court has observed as under:
"Record reveals that the complainant/petitioner herein had filed a complaint, for non-clearance of cheque on account of insufficiency of funds, under the provisions of Negotiable Instruments Act, 1881.
Notice in the complaint was issued on 16.11.2018 and the matter was adjourned for 21.02.2019 when time was granted to the complainant to take steps.
It appears that despite the complainant having taken all measures, within his power, person representing him did not file the process fee for issuance of summons.
Order sheet reveals that learned counsel did not appear for the complainant on the date of dismissal of the petition. Resultantly, on 06.03.2019, the Court dismissed the complaint in default.
The trial Court does not have the power to restore the complaint.
Dismissal of the complaint, be it for whatever reason, has resulted into miscarriage of justice inasmuch as the complainant/petitioner herein stands prejudiced without any fault on his part. The complainant had taken all steps which were so required to be undertaken by him.
As such, for all the aforesaid reasons, impugned order dated 06.03.2019 passed by learned Addl. Chief Judicial Magistrate, West Tripura, Agartala in Case No.N.I. 16 of 2016, titled as Sri Krishnagopal Saha vs. Sri Apan Saha, is quashed and set aside with the said complaint restored to its original number and position".
Read the Order here:
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