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HIGH COURT OF TRIPURA

AGARTALA
Crl.A. No.13/2019
Ajanta Enterprise, Prop. Sri Krishna Gopal Saha, Math Chowmuhani,
P.O. College Tilla, P.S. East Agartala, District-West Tripura.
----Appellant(s)
Versus
1. Sri Apan Saha, S/O. Subhas Saha, of Village & P.O. Dimatali, P.S.-
P.R. Bari, District-South Tripura, Sub-Division-Belonia, Pin-799157.
2. The State of Tripura.
----Respondent(s)

For Appellant(s) : Ms. A. Debbarma, Amicus Curiae.

For Respondent No.1 : Mr. B. Debbarma, Advocate.
For Respondent No.2 : Mr. Ratan Datta, P.P.

HON’BLE THE CHIEF JUSTICE MR. SANJAY KAROL

Order

09/08/2019

Mr. Debasish Saha, learned counsel, is not attending Court

work today.

Court has requested Ms. A. Debbarma, who is present in

Court, to assist as amicus curiae in the matter.

Having heard learned counsel for the parties, this Court is

inclined to (i) grant leave to file appeal; as also (ii) allow the

appeal by setting aside the impugned order dated 06.03.2019

passed by learned Addl. Chief Judicial Magistrate, West Tripura,

Agartala in Case No.N.I. 16 of 2016, titled as Sri Krishnagopal

Saha vs. Sri Apan Saha, whereby the complaint stands dismissed.

Record reveals that the complainant/petitioner herein had

filed a complaint, for non-clearance of cheque on account of

insufficiency of funds, under the provisions of Negotiable

Instruments Act, 1881. Notice in the complaint was issued on

16.11.2018 and the matter was adjourned for 21.02.2019 when

time was granted to the complainant to take steps. It appears that

despite the complainant having taken all measures, within his

power, person representing him did not file the process fee for
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issuance of summons. Order sheet reveals that learned counsel

did not appear for the complainant on the date of dismissal of the

petition. Resultantly, on 06.03.2019, the Court dismissed the

complaint in default.

The trial Court does not have the power to restore the

complaint. Dismissal of the complaint, be it for whatever reason,

has resulted into miscarriage of justice inasmuch as the

complainant/petitioner herein stands prejudiced without any fault

on his part. The complainant had taken all steps which were so

required to be undertaken by him.

As such, for all the aforesaid reasons, impugned order dated

06.03.2019 passed by learned Addl. Chief Judicial Magistrate,

West Tripura, Agartala in Case No.N.I. 16 of 2016, titled as Sri

Krishnagopal Saha vs. Sri Apan Saha, is quashed and set aside

with the said complaint restored to its original number and

position.

Parties are directed to appear before the trial Court on

23.08.2019 and the Court shall proceed with the complaint in

accordance with law.

Records of the Court below be returned forthwith.

In view of above terms, instant appeal stands disposed of.

This court appreciates the efforts put in by Ms. A. Debbarma,

learned amicus curiae, as also fairness of Mr. B. Debbarma,

learned counsel for respondent No.1, which is taken on record.

(SANJAY KAROL), CJ

Pulak