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2019 (8) TMI 1894 - HC - Indian LawsDishonour of Cheque - insufficient funds - non-appearance on behalf of petitioner - none appeared before the learned Metropolitan Magistrate at Rohini District Court as the advocates were on strike - HELD THAT:- Considering the explanation rendered by the petitioner that on 23rd July, 2015 because of the strike of the lawyers neither the lawyer nor the complainant could appear and the clerk of the counsel for the complainant wrongly noted the next date as 1st December, 2015 and thus they could not appear before the Trial Court on 19th November, 2015 and that on 1st December, 2015 when the complainant along with counsel appeared before the Court he came to know that the complaint had already been dismissed for non-prosecution as also the fact that the counsel for the petitioner was present before the court on each and every date, this court deems it fit to restore the complaint to its original position subject to cost. The impugned order dated 19th November 2015 dismissing Complaint Case which was pending in the Court of learned Metropolitan Magistrate North Rohini court is restored to its position subject to the petitioner paying a cost of ₹5,000/- to the respondent on the date before the learned Trial Court which is fixed as 2nd September, 2019 when the petitioner with his counsel and respondent with his counsel will be present in Court. Appeal disposed off.
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