R.L.KHURANA
H. P. Agro Industries Corporation Ltd. – Appellant
Versus
M. P. S. Chawla – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
When an accused is acquitted due to the dismissal of a complaint under Section 256 of the Criminal Procedure Code (Cr. P.C.), the appropriate remedy is by way of an appeal. If the complainant fails to avail this remedy, the High Court is not authorized to exercise its inherent powers to interfere with the impugned order (!) (!) .
The order dismissing the complaint in default under Section 256 Cr. P.C. results in the acquittal of the accused. Such an order is considered final, and in the absence of specific provisions in the Cr. P.C. allowing for the review or recall of this order, the court cannot exercise inherent jurisdiction to restore the complaint or revive the case (!) (!) .
The procedure under Section 256 Cr. P.C. mandates that if the complainant does not appear on the date fixed, the Magistrate shall, unless there are reasons to adjourn, dismiss the complaint and acquit the accused. This order of acquittal is final and cannot be set aside by the court through inherent powers (!) .
The exercise of inherent powers under Section 482 of the Cr. P.C. is limited to preventing grave injustice, securing the ends of justice, or preventing abuse of process. Such powers should not be invoked when an effective remedy, such as an appeal, is available (!) (!) .
The court emphasized that once an order of acquittal is passed under Section 256, it cannot be challenged or interfered with in exercise of inherent powers, especially if the remedy of appeal is available and has not been exhausted (!) .
In the specific case, the court found that the order dismissing the complaint and acquitting the respondent was legal and within the scope of Section 256 Cr. P.C. Therefore, the petition to set aside this order was dismissed (!) (!) .
Overall, the principle established is that orders of dismissal in default under Section 256 Cr. P.C. are final, and the court’s inherent powers do not extend to reviving such dismissed complaints or reversing acquittals unless specific provisions allow or the remedy of appeal has been exhausted (!) (!) .
Please let me know if you need a detailed analysis or further assistance.
JUDGMENT
R.L. Khurana, J. - Briefly stated the facts giving rise to the present petition may be stated thus. The petitioner is a Company registered under the Companies Registration Act, owned and controlled by the State of Himachal Pradesh. The respondent is the proprietor of the firm known as M/s. Chawla Iron and Steel Corporation. Chandigarh, now christened as M/s. Chawla Automobiles, Chandigarh. The petitioner has been supplying wire and barded wire to the respondent on credit from time to time. The respondent also has been making payments for the supplies made to him from time to time respondent to the petitioner’s company by way of five as under:
Sr. No.
Cheque No.
Bank
Amount
Date of cheque
1.
608453
Punjab & sind Bank, Sector, 17C, Chandigarh
Rs. 7000/-
25-8-1989
2.
608454
- do -
Rs. 10,000/-
25-9-1989
3.
608457
- do -
Rs. 10,000/-
25-12-1989
4.
331383
- do -
Rs. 15,000/-
15-1-1990
5.
608458
- do -
Rs. 10,000/-
25-1-1990
2. All the abovesaid cheques upon of the respondent for the offences under Sections 415, 417, 418 and 420 I.P.C. and for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 before the learned Chief Judicial Magistrate, Shimla.
3. After holding
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.