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U. J. PHALKE
Nitin – Appellant
Versus
Saiyyad Musharraf – Respondent
JUDGMENT/ORDER
1. Present appeal is preferred by the appellant challenging the order passed by the Judicial Magistrate First Class, Washim for dismissing the complaint as the complainant was absent in Summary Criminal Case No. 24/2016 dtd. 02/07/2019. The appeal is dismissed by observing that though summons has been issued to the complainant, and on the day of appointed on the appearance of the accused, or any day subsequent thereto which the hearing is adjourned. The complainant does not appear and dismissed the complaint.
2. Heard learned counsel for the appellant. The respondent served but failed to appear before this Court.
3. Learned counsel for the appellant submitted that present appellant has filed complaint under Sec. 138 of the Negotiable instruments Act against the respondent/ accused on the submissions that respondent is a proprietor of Siddhiki Tours and Travels. The complainant and the accused being friends known each other since long and out of the trust, the amount of Rs.10, 00, 000.00 was paid to the respondent. The complainant has paid Rs.7, 00, 000.00 by online transaction and Rs.3, 00, 000.00 is paid to the accused in cash. On demand, the accused issued a cheque be
The court established that a complaint under Sec. 138 of the Negotiable Instruments Act cannot be dismissed solely due to the absence of the complainant when the case is at a stage awaiting the retur....
Section 256 CrPC provides discretion to Magistrate either to acquit accused or to adjourn case for some other day, if he thinks it proper.
Judicial discretion in case dismissal must be exercised judiciously, especially regarding the necessity of a complainant's presence.
The discretion under Section 256 of the Code of Criminal Procedure should be exercised fairly and judicially, and the complainant should be given a fair opportunity to provide the fresh address of th....
The absence of a complainant's advocate does not justify automatic dismissal of a case if evidence is on record and the accused is avoiding service.
The trial Court must consider the representation of the complainant by counsel before dismissing a case under Section 256 of the Cr.P.C.
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