• 22 % 03.12.2008 Present: Mr. D.K. Sharma for the petitioner. None for the respondent. + Crl.L.P. No. 39/2008 & Crl.M.A.No. 2229/2008 * Even on the last date nobody appeared on behalf of the respondent. Reply also not filed despite last opportunity granted on the last date. It appears that respondent is not willing to oppose the present petition filed by the petitioner. I have heard learned counsel for the petitioner. Considering the submissions advanced by the counsel for the petitioner application for condonation of delay in filing the present petition is allowed and leave to appeal granted. Crl.L.P. No. 39/2008 and Crl.M.A. No. 2229/2008 stand disposed of. Crl.A. No./ /2008 Let the appeal be numbered. By way of this appeal filed under Section 378 (4) Cr.P.C. the appellant seeks setting aside of the order dated 4th May, 2006 passed in CC No. 26/1 whereby the complaint filed by the appellant was dismissed in default due to non-appearance of the appellant and his Signing Date:12.07.2024 16:50:15 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified counsel. Counsel for the appellant further submits that on 24th December, 2005 the matter was fixed before Ms. Nisha Saxena, Metropolitan Magistrate Patiala House Court when the same was adjourned to 4th May, 2006. On 4th May, 2006 counsel appearing for appellant was not available but the appellant/complainant was present at the same Court without knowing the fact that the case was already transferred from the said Court to the Court Mr. Tarun Sehrawat, who • was sitting in some other room. Counsel thus submits that due to the said bona fide reasons the complainant and his counsel could not --- appear before the Court on 4th May, 2006. Counsel further submits that non-appearance of the complainant and his counsel is neither deliberate but due to the said bona fide reasons. I have heard learned counsel for the appellant. The appellant has given no reasons for non-appearance of the counsel on the said date except stating that the counsel for the appellant was not available. Considering the fact that the room of the Presiding Officer was transferred and also there was a new Presiding Officer in place of the earlier Presiding Officer Ms. Nisha Saxena and also the fact that nobody has chosen to contest the present appeal, the impugned order dated 4.5.2006 is set aside. Petitioner to appear before the Trial Court on 1Oth December, 2008. December 03, 2008 rkr