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SHAMPA DUTT (PAUL)
Reliance Commercial Finance Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. This appeal has been preferred against a Judgment and Order dated 30th August, 2018 passed by Learned Metropolitan Magistrate, 16th Court, Calcutta in T.R. Case No. 8148/17 arising out of Complaint Case No. CS/65095/17 under Section 138 of the Negotiable Instruments Act, 1881, thereby acquitting the Accused Person under Section 256(1) of the Code of Criminal Procedure, 1973 from all the charges leveled against him under Section 138 of the Negotiable Instrument Act, 1881.
2. Mr. Satadru Lahiri was heard at length on behalf of the appellant.
3. By the order under appeal dated 30.08.2018, the Trial Court held as follows:-
Order dated 30.08.2018
Ld. Advocate for the complainant has filed absent petition on behalf of the complainant.
Complainant is absent on call till 11.45 A.M.
Accused is Rajesh Ram is present with his Ld. Advocate. The accused person submitted that the complainant company has already repossessed the vehicle in question long back and they are not interested to proceed with the matter.
In view of the above submission and that the complainant person is absent today on repeated call, I am of the opinion that the complainant app
The main legal point established in the judgment is the requirement for judicial discretion before passing an order of acquittal under Section 256 of the Code of Criminal Procedure and the necessity ....
Court discretion is necessary in acquitting accused due to complainant's absence; automatic acquittal undermines justice.
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....
Power of Magistrate under Sec.256 Cr.P.C to acquit an accused should be exercised judicially, based on a definite conclusion that complainant no longer desires to prosecute complaint.
The court has the discretion to either acquit the accused or defer the case for trial under Section 256 of the Code of Criminal Procedure, and compliance with mandatory provisions is necessary.
The discretion under Section 256 of the Cr.P.C. must be exercised judicially and fairly, without impairing the cause of administration of criminal justice.
The power of the Magistrate to acquit an accused under Sec.256 Cr.P.C should be exercised judicially, based on a definite conclusion that the complainant no longer desires to prosecute the complaint.....
The main legal point established in the judgment is the importance of judicial and fair exercise of discretion under Section 256 of the Code of Criminal Procedure, emphasizing the necessity of the co....
The power under Section 256 Cr.P.C should be exercised judicially and not indiscriminately or mechanically for statistical purposes of disposal.
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