Continental Papers Ltd. Vs. Darshan Print Pack (P) Ltd.

criminal procedure - complaint--dismissal in default--attorney appearing on behalf of complainant resigning before dismissal--court to wait for parties till late hours before the case is dismissed in default due to non-appearance of the party or his counsel--dismissal in default in the early hours of the day fixed for hearing unsustainable--complaint restored to the original file of trial court--negotiable instruments act, 1881, section 138.;we are living in a city which has chaotic traffic and nightmarish jams and snarling movement of vehicles. almost every day newspapers are teemed with chaotic traffic conditions in some, or the other part of the city. traffic indiscipline and the lack of control by the authorities over the movement of vehicles in orderly manner is the order of the day. one is not sure, when ha will reach his destination and when will he be caught by surprise on his way to have long and winding diversions.;the courts cannot be oblivious of these ground realities and thereforee before packing up the case of a party summarily due to non-appearance of a party or his counsel, court is expected to wait till late hours.;the impugned order is set aside. the complaint shall stand restored to its original number. - - 3. during the last few days, this court has dealt with large number of cases where the cases field by private parties were dismissed in default in very early hours of the day like the one in question......have been impressed upon to wait for the parties till late hours before the case is dismissed in default due to non-appearance of the party or his counsel.3. during the last few days, this court has dealt with large number of cases where the cases field by private parties were dismissed in default in very early hours of the day like the one in question.4. gone are the days when one used to start 15 minutes or half an hour from the house for reaching the court or destination. we are living in a city which has chaotic traffic and nightmarish jams and snarling movement of vehicles. almost every day newspapers are teemed with chaotic traffic conditions in some or the other part of the city. traffic indiscipline and the lack of control by the authorities over the movement of vehicles in orderly manner is the order of the day. one is not sure when he will reach his destination and when will he be caught by surprise on his way to have long and winding diversions.5. the courts cannot be oblivious of these ground realities and thereforee before packing up the case of a party summarily due to non-appearance of a party or his counsel, court is expected to wait till late hours.6. the petition is allowed. the impugned order is set aside. the complaint shall stand restored to its original number. the petitioner shall appear before the learned trial court on 9th december, 2002.copy of the order be circulated amongst all the judicial officers.