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NISHA M. THAKORE
Dipeshbhai Valjibhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. This Court upon hearing the learned advocate on record for the applicant- original complainant, had granted leave to appeal vide order dated 28.03.2023 and notice for final disposal was issued in the appeal, which was made returnable on 13.04.2023 and the respondent-original accused was permitted to be served through the concerned police station.
2. The notice has been duly served upon respondent No.2-original accused, however, respondent No.2 has chosen not to appear before this Court or to contest the present appeal by filing his appearance.
3. This appeal arises out of the judgment and order dated 11.02.2023 passed by learned Chief Judicial Magistrate, Nadiad below Exh.1 Criminal Case No.775 of 2019. By the said judgment and order, the learned Magistrate has proceeded to dismiss the complaint for non-prosecution by exercising the powers conferred under Section 256 of Cr.P.C.
4. Heard Mr. Krunal Pandya, learned advocate on record for the appellant and Mr. Bhargav Pandya, learned APP appearing for the respondent-State.
5. The short question which falls for my consideration in this appeal, is whether in the facts of the present case, the learned Magistrate was justified in di
Jurisdiction of Lok Adalat and consequences of non-prosecution
The main legal point established in the judgment is that the Lok Adalat has no jurisdiction to adjudicate the matter on merits if no compromise or settlement is arrived at between the parties.
The Lok Adalat does not have the authority to decide the matter on merits if no compromise or settlement is reached between the parties to a dispute.
Dismissal of a complaint for non-prosecution is improper when the case is pending for examination of the accused, especially after a bailable warrant is issued.
The court emphasized that dismissal of a complaint for non-appearance must be exercised judiciously, ensuring the complainant is given a fair opportunity to present their case.
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 court emphasized the need to adhere to principles of natural justice, allowing a complainant the opportunity to adequately pursue their case.
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