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Judgment
K.C. Puri, J.—Dasti summons have been placed on the file in which it is mentioned that Sushil Kumar - Respondent has refused to get the notice of summons.
This is a petition challenging the order dated 25.5.2010 passed by Sh. A.S. Barda, Judicial Magistrate Ist Class, Jalandhar, in Criminal Complaint No. 1980/2/09 titled as Prem Singh v. Sushil Kumar.
Prem Singh filed a complaint u/s 138 of the Negotiable Instruments Act. On 25.5.2010, the case was fixed for summoning of Respondent and as per order of trial Court accused was ordered to be summoned on filing of correct address within two days subject to last chance, but as per report of the Ahlmad correct address was not filed by the complainant. So, in these circumstances, the complaint was dismissed.
From the perusal of the summons sent by this Court, it is revealed that Sushil Kumar - Respondent is intentionally not getting the service of summons. So, in these circumstances, it is a fit case to invoke the provisions of Section 482 Code of Criminal Procedure
So, the order dated 25.5.2010 stands set aside and the complaint is ordered to be restored at its original number. The trial Court shall get the service of Sushil Kumar - Respondent in accordance with Sections 64-68 Code of Criminal Procedure
The Petitioner is directed to appear before the trial court on 10.1.2011.
The petition stands disposed of.