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High Court of Himachal Pradesh · body

2025 DAILYLAW 32836 (HP)

DILE RAM v. BHUME RAM

CRMPM/1538/2025 · 2025-12-16

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dile Ram Vs. Bhume Ram Cr. MP(M) No. 1538 of 2025 16.12.2025 Present: Mr. G.R. Palsra, Advocate, for the applicant. None for the respondent. Cr. MP(M) No. 1538 of 2025 The present application has been filed for seeking special leave to appeal against the order dated 03.05.2025, passed by the learned Chief Judicial Magistrate, Mandi, H.P. (learned Trial Court), in N.I. Act Case No. 707-III/2017, Registration No. 1260/2017, whereby the complaint filed by the appellant/applicant/complainant was dismissed due to default of appearance. Notice of the application was issued to the respondent; however, despite service, the respondent did not appear before the Court, which indicates that he does not intend to contest the matter. Heard. The matter was listed for compromise, when the complaint was dismissed in default. The learned Trial Court has not recorded that the presence of the complainant was necessary and that the matter could not proceed further due to the absence of the complainant. Therefore, there are some arguable points involved in the appeal. Consequently, the present application is allowed and the leave to appeal is granted. The application stands disposed of. Criminal Appeal (ST) No.4858 of 2025 Criminal Appeal No. ____ of 2025 Since the application for leave to appeal has been allowed vide separate order passed in Cr.MP(M) No. 1538 of 2025, the appeal be registered. Let notice be issued to the respondent, returnable within a period of four weeks, on taking steps within a period of one week. Records be called for. (Rakesh Kainthla) Judge 16th December, 2025. (Shamsh Tabrez)