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MAHENDAR KUMAR GOYAL
Jitendra Singh – Appellant
Versus
Mahesh Kumar Jangam – Respondent
| Table of Content |
|---|
| 1. complaint dismissal background (Para 1 , 2) |
| 2. request for opportunity to pursue complaint (Para 3) |
| 3. court's analysis of negligence (Para 4 , 5 , 6) |
| 4. dismissal of petition (Para 7) |
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This criminal miscellaneous petition under Section 482 CrPC has been filed assailing the legality and validity of the order dated 19.12.2018 passed by the learned Special Metropolitan Magistrate(N.I. Act Cases) No.20, Jaipur Metropolitan (for brevity "the learned trial Court") in Case No.32/15 whereby, the complaint filed by the petitioner has been dismissed in default and for want of prosecution.
2. The relevant facts in brief are that the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent which was dismissed by the learned trial Court vide order dated 19.12.2018 in absence of the complainant as also his counsel.
3. Learned counsel for the petitioner submits that he may be given one more opportunity to pursue his complaint. He, therefore, prays that this criminal miscellaneous petition be allowed and the order dated 19.12.2018 be quashed and set aside.
4. Heard. Considered.
5. A perusal
The court affirmed that timely prosecution and vigilance in asserting rights are crucial in cases under the Negotiable Instruments Act.
The necessary consequence of dismissal of complaint for non-appearance of the complainant is the acquittal of the accused, and the jurisdictional limitations on reviewing such orders under Section 36....
The court emphasized the need to adhere to principles of natural justice, allowing a complainant the opportunity to adequately pursue their case.
The main legal point established in the judgment is that the dismissal of a complaint under Section 256 Cr.P.C. can only be made after it is taken on file and summons are issued to the accused. The c....
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