A Delhi court has restored a complaint for consideration in a cheque bounce case.
A Metropolitan Magistrate court had dismissed the complaint after the complainant failed to appear and record his pre-summoning evidence on three occasions.
In his revision petition in the court of District and Sessions Judge Neena Bansal Krishna, the complainant said that his authorised representative could not record his evidence due to his ill health.
“Ample opportunity was given by the Metropolitan Magistrate to the revisionist for adducing pre-summoning evidence, but considering the explanation given and also that the complaint is still at the initial stage where pre-summoning evidence is yet to be recorded, no prejudice will be caused to any party if the revision is allowed and the complaint is restored to its original number,’’ the Judge said.
“As has been pointed out during the arguments, the matter was fixed for pre-summoning evidence on five dates out of which on three dates, the authorised representative was not present; on one date, the court was not available while on another date, file of the connected matter was not available,’’ the Judge further said.
“The revision petition is allowed,” the Judge added.
