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U. J. PHALKE
Abhijit Ram Fadnavis – Appellant
Versus
Rajendra Ramji Kharwade – Respondent
JUDGMENT/ORDER
1. Heard learned counsels for the parties.
2. This appeal is filed under Sec. 378 (4) of the Code of Criminal Procedure, 1973 against the impugned order passed in Summary Criminal Case No. 14103/2018 by which the complaint is dismissed under Sec. 256 of the Code of Criminal Procedure for absence of complaint and the accused is acquitted under Sec. 138 of Negotiable Instruments Act.
3. By this appeal, the appellant is also seeking leave to file an appeal against the order of acquittal of respondent/ original accused passed by the learned 17th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate (Special Court-138 N.I. Act), Nagpur in Summary Criminal Case (SCC) No. 14103/2018 dtd. 5/8/2022.
4. As per the contention of the appellant, the appellant and respondent Nos. 1 and 2 were acquainted with each other through one Parag Vasantrao Khati. The appellant was in search of a Government Job and this fact was known to the accused i.e. respondents. The respondents promised the appellant that, they will help the appellant in seeking Government Job and demanded Rs.5, 00, 000.00 from the appellant. On 04/03/2014, the appellant has deposited Rs.3, 00, 000.00
A litigant's absence due to unforeseen circumstances, such as a pandemic and lack of counsel communication, should not result in dismissal of their case without consideration of the merits.
The power under Section 256 of the Code of Criminal Procedure should be exercised fairly and judicially without impairing the cause of administration of criminal justice.
The main legal point established is the need for judicial and fair exercise of discretion by the Magistrate under Section 256 of the Cr.P.C., and the importance of giving parties the opportunity to a....
The discretion to acquit a defendant due to the complainant's absence must be exercised judicially and fairly, and the court should ensure that the matter is decided on its merits.
The court emphasized the need for the trial court to exercise discretion judiciously and fairly before dismissing a case on technical grounds and highlighted the importance of providing opportunities....
A Magistrate must not dismiss a complaint for the absence of the complainant, emphasizing the need to proceed based on merits, especially in Negotiable Instruments Act cases.
The discretion under Section 256 of the Cr.P.C. must be exercised judicially and fairly, and the trial court should adjourn the case or issue a warrant/summons to the accused instead of immediately d....
The central legal point established in the judgment is the necessity of exercising judicial discretion and considering the potential adverse consequences for the complainant in dismissing complaints ....
The discretion under Section 256 of the Code of Criminal Procedure must be exercised judicially and fairly without impairing the cause of administration of criminal justice.
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