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SHASHI KUMAR HARISHYANI v DINESH KUMAR TANWAR - CRLMP Case No. 1983 of 2006  RD-RJ 5290 (1 November 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
S.B. CRIMINAL MISC. PETITION NO.1983/06
Shashi Kumar Harishyani
Dinesh Kumar Tanwar
DATE OF ORDER :: 01/11/2007
HON'BLE MR. JUSTICE AJAY RASTOGI
Mr. Neeraj Sharma, for petitioner
Mr. Neeraj Joshi for Mr. Rakesh Yadav, for respondent
Instant petition has been filed assailing order dated 17th July, 2006 whereby his complaint against accused-respondent for offence committed u/s.138 of Negotiable Instrument Act was dismissed in non-prosecution.
It has been contended by counsel for petitioner that from the date of filing complaint, continuously he was pursing the same, but on one solitary occasion, he could not appear on the date of hearing and on that count alone, his complaint was dismissed in non-prosecution.
Counsel for respondent has no objection if complaint is restored and decided on merits.
Accordingly, the misc. petition stands allowed and the order dated 17th July, 2006 is hereby set aside. The matter is remanded back to learned trial Judge who may proceed further with the matter in accordance with law. Complaint stands restored and both the parties are directed 26th to appear before learned trial Judge on
November, 2007. [AJAY RASTOGI],J.
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