New Delhi: A sessions court here has ordered reconsideration of a man's complaint, which was dismissed by a trial court due to his non-appearance, saying that his counsel's "lack of diligence" was responsible for it and "complainant should not be made to suffer for it".
District and Sessions Judge Ina Malhotra set aside the order of the trial court while directing it to restore the complaint of south Delhi resident Sudhir Sabharwal, to "its original stage and number".
The judge's direction came on the criminal revision petition filed by Sabharwal, whose counsel admitted that he was unable to appear before the trial court due to his heavy schedule. Details pertaining to the case were not given in the order.
"It appears that non appearance of the counsel or the complainant was totally due to the counsel's own lack of diligence. The revisionist (Sabharwal) should not be made to suffer for the negligence of his counsel," the judge said, while allowing his revision petition.
The court, however, said, "It is being made abundantly clear that no further indulgence shall be granted to the revisionist."
It noted that when the trial court had passed its order in May this year, the case was at the stage of recording pre summoning evidence and no one was present for Sabharwal.
He then challenged the trial court's order in which his complaint was dismissed in default and non prosecution.
