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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
MAHENDAR KUMAR GOYAL, J.
Jitendra Singh - Petitioner
Versus
Mahesh Kumar Jangam - Respondent
S.B. Criminal Miscellaneous (Petition) No. 2749 of 2022
Decided on : 23-01-2024
| 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 of the order-sheets of the learned trial Court reveals that after filing the complaint in the year 2014, the complainant was negligent in pursuing it. Neither the complainant nor his counsel was present in the Court on 20.08.2018 whereupon, the next date was fixed for 22.08.2018. On that date also, none appeared for the complainant and the matter was adjourned for 19.12.2018. On 19.12.2018 also, none appeared for the complainant till 4:30 PM.
6. In view thereof, the learned trial Court dismissed the complaint in default for non-prosecution. This Court finds no illegality in the order dated 19.12.2018.
7. In view thereof, this criminal miscellaneous petition is dismissed being devoid of merit.
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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