Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATIBHA RANI, J.
RAJ KISHORE SHARMA - Petitioner
Versus
STATE & ANR - Respondents
CRL.L.P. 85, 118, 119, 120/2014
Decided On : 17-3-2016
NI Act - Dismissal of Complaint Cases - Section 138/142 NI Act - Section 143 of NI Act - Summary Trial Procedure - Code of Criminal Procedure - Section 256 Cr.P.C. - Quashing of Complaints under Section 138 NI Act - Summary Trial Procedure to be followed for offences under Section 138 N.I. Act
Fact of the Case:
The appellant was aggrieved by the dismissal of complaint cases filed against the respondent for offences punishable under Section 138/142 NI Act. The appellant challenged the order of acquittal and sought restoration of the complaints.
Finding of the Court:
The court found that the dismissal of the complaint cases in default of appearance of the complainant at the stage of final arguments was not sustainable in law. The impugned orders were set aside, and the complaints were restored to their original number. The parties were directed to appear before the concerned Court for expeditious disposal of the complaints.
Issues: Dismissal of complaint cases in default, applicability of summary trial procedure, and the need for the complainant's presence at the stage of final arguments.
Ratio Decidendi: The court held that the dismissal of complaint cases for non-appearance of the complainant at the stage of final arguments was not in accordance with the summary trial procedure prescribed under Section 143 of NI Act and Section 256 Cr.P.C. The court emphasized the need for expeditious disposal of complaints and adherence to the prescribed trial procedures.
Final Decision: All four appeals were allowed, and the complaints were restored to their original number. The parties were directed to appear before the concerned Court for expeditious disposal of the complaints.
PRATIBHA RANI, J. (Oral)
Crl.M.A.No.1659/2014 in Crl.L.P.No.85/2014
Crl.M.A.No.2320/2014 in Crl.L.P.No.118/2014
Crl.M.A.No.2325/2014 in Crl.L.P.No.119/2014
Crl.M.A.No.2327/2014 in Crl.L.P.No.120/2014
1. For the reasons stated in the applications, the delay in filing the leave petitions is condoned.
2. Applications stand disposed.
Crl.L.P.No.85/2014
Crl.L.P.No.118/2014
Crl.L.P.No.119/2014
Crl.L.P.No.120/2014
1. Leave granted. The Registry is directed to register the petitions as appeals.
2. The appellant Raj Kishore Sharma is aggrieved by the order dated 19.09.2012 whereby the Complaint Cases No.207/1, 105/1, 107/1 & 106/1 filed by him against the respondent No.2 herein for committing the offence punishable under Section 138/142 NI Act have been dismissed in default by learned Metropolitan Magistrate.
3. The impugned order dated 19.09.2012 was challenged by the appellant by filing revision petitions, which were dismissed as not maintainable by the learned ASJ vide order dated 27.07.2013.
4. Thereafter the appellant filed these appeals impugning the order of acquittal passed by learned MM while dismissing in default the complaint cases filed by him for the offences punishable under Section 138/142 NI Act.
5. Notice of the petition was issued to respondent No.2.
6. Respondent No.2 failed to appear but her son namely Kapil Kashyap had appeared on 16th March, 2016. The son of the respondent No.2 was directed to produce the respondent No.2 in the Court today.
7. Today again Sh.Kapil Kashyap, son of respondent No.2 has appeared and stated that his mother is indisposed and she is unable to appear today.
8. Learned counsel for respondent No.2 has been awaited till 3.15 pm but thereafter neither the son of the respondent No.2 nor her counsel has appeared.
9. The impugned order whereby the complaint cases filed by the appellant have been dismissed in default, reads as under :-
19.09.2012 at 1145 pm
Pr:- None for the complainant despite repeated calls.
Accused is present on bail.
The matter is listed today for final arguments and for appearance of the complainant. The complainant has remained physically absent in this Court since 23.04.2012 on four occasions including today. In between, on 07.06.2012 exemption request was allowed at behest of counsel for the complainant. Despite issuance of Court notice and service thereof, the complainant had not appeared. Be put up at 2 pm for appearance of the complainant.
Sd/-
(ACMM-01 Delhi)
19.09.2012
At 2.50 pm
Pr: None for complainant.
Sh.Adarsh Saini counsel for accused with accused.
Today, the matter is at the stage of final arguments. The complainant has chosen not to appear before this Court despite opportunities given by this Court. I have examined the complaint, evidence on record and documents with a view to ascertain whether the personal attendance of the complainant can be dispensed with in terms of proviso to Section 256 Cr.P.C. and I am of the considered view that the presence of either the complainant or his counsel is required for proceeding further.
In the given circumstances, only option left with the Court, keeping in view the absence of the complainant is to proceed against him under Section 256(1) Cr.P.C. As the complainant has failed to appear, the present complaint case is dismissed in default of appearance. In result, accused is acquitted. File be consigned to record room.
Sd/-
(ACMM-01 Delhi)
19.09.2012’
10. The proceedings dated 19.09.2012 reveals that the case was at the stage of final arguments. If for some reason, the complainant was not present, the Court could have proceeded to dispose of the matter after considering the evidence adduced by the parties. At the stage of final arguments, for non-appearance of the complainant, the complaint cases could not have been dismissed in default.
11. In the complaint is tried as ‘summary trial’ under Section 256 of Code of Criminal Procedure, the Magistrate has discretion to dismiss the complaint if on any date fixed for hearing the complainant fails to app
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
