1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. PETITION NO.1160/2010 (Tushar Dave Vs. Anil Jindal) Date of Order : 10.08.2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sudhir Saruparia, for the petitioner. Mr. O.P. Singharia, Public Prosecutor. Heard learned counsel for the petitioner. Admittedly, the complaint filed by the petitioner was dismissed due to his non appearance on 16.2.2010 by Special Judicial Magistrate (N.I. Act Cases) Court No.1, Udaipur. Learned counsel for the petitioner submits that the order impugned is totally against the verdict of Hon'ble Supreme Court in case of S. Anand Vs. Vasumathi Chandrasekar reported in AIR 2008 SC 1296. While following the above judgment of Hon'ble Apex Court, this misc. petition is allowed and the order dated 16.2.2010 passed by trial Court as well as the order dated 01.07.2010 passed by revisional Court are hereby quashed and 2 set aside and the complaint filed by the petitioner is hereby restored with direction to the trial court to proceed in the matter in accordance with the law while summoning the accused again. (GOPAL KRISHAN VYAS), J arun