Court cannot restore a complaint dismissed in default


A bench of Justice Karol in the case tiled as Ajanta Enterprise vs Sri Apan Saha on 09.08.2019 has held that trial courtroom does no longer have any power to fix a complaint.
Tripura High Court has found as under:
“Record exhibits that the complainant/petitioner herein had filed a complaint, for non-clearance of cheque on account of insufficiency of funds, beneath the provisions of Negotiable Instruments Act, 1881.
Notice in the criticism was once issued on 16.11.2018 and the depend used to be 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, inside his power, man or woman representing him did not file the method price for issuance of summons.
Order sheet exhibits that discovered guidance did no longer show up for the complainant on the date of dismissal of the petition. Resultantly, on 06.03.2019, the Court brushed aside the complaint in default.
The trial Court does not have the power to restoration the complaint.
Dismissal of the complaint, be it for anything 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 have been so required to be undertaken through him.
As such, for all the aforesaid reasons, impugned order dated 06.03.2019 passed via realized Addl. Chief Judicial Magistrate, West Tripura, Agartala in Case No.N.I. sixteen of 2016, titled as Sri Krishnagopal Saha vs. Sri Apan Saha, is quashed and set aside with the stated grievance restored to its authentic range and position”.

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