Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Manoj Kumar Pathania – Appellant
Versus
Nirmala Devi – Respondent
| Table of Content |
|---|
| 1. complaint dismissed for single non-appearance despite diligent prior pursuit. (Para 2 , 3) |
| 2. trial court should issue notice before default dismissal. (Para 4) |
| 3. section 256 crpc allows discretion to adjourn or acquit. (Para 5 , 6 , 7) |
| 4. courts must judiciously exercise section 256 to avoid injustice. (Para 8 , 9 , 10 , 11 , 12) |
| 5. singular absence insufficient for dismissing section 138 complaint. (Para 13) |
| 6. order quashed; complaint restored with costs on complainant. (Para 14 , 15) |
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with order dated 26.12.2024 passed by learned Chief Judicial Magistrate, Mandi, District Mandi, Himachal Pradesh, whereby Criminal Complaint No. 667 of 2023, titled as Manoj Kumar Pathania Vs. Nirmala Devi , came to be dismissed in default for want of prosecution, appellant- complainant has approached this Court in the instant proceedings filed under Section 419(4) of Bharatiya Nagrik Suraksha Sanhita, praying therein to set aside the aforesaid order and restore the complaint filed under Section 138 of the Negotiable Instruments Act.
2. Precisely, the grouse of the petitioner as highlighted in the petition and further canvas
Straightway dismissal of Section 138 complaint on single non-appearance unjustified; courts must exercise Section 256 Cr.P.C. discretion judicially, adjourning or dispensing attendance to ensure just....
Court cannot dismiss Section 138 complaint after closing complainant's evidence for non-production of witnesses; must adjudicate on merits using pleadings and documents, exercising Section 256 discre....
The court emphasized the necessity of a complainant's presence in cases governed by Section 256 of the CrPC and the inappropriate dismissal of cases where evidence has already been presented.
A trial court must provide reasons for dismissing a complaint due to the complainant's absence, exercising discretion under Section 256 of the Cr.P.C. to avoid unjust hardship to the accused.
Section 256 CrPC provides discretion to Magistrate either to acquit accused or to adjourn case for some other day, if he thinks it proper.
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
