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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rajat Resorts, The Mall Shimla – Appellant
Versus
Reliable Hospitalities – Respondent
| Table of Content |
|---|
| 1. petition challenges dismissal of complaint after closing complainant's evidence. (Para 1 , 4) |
| 2. parties dispute dismissal propriety due to repeated adjournments. (Para 2 , 3) |
| 3. court must decide complaint merits post evidence closure. (Para 5 , 6) |
| 4. section 256 crpc grants magistrate discretion to adjourn or acquit. (Para 7 , 8 , 9) |
| 5. dismissal for non-appearance improper; proceed on available evidence. (Para 10 , 11 , 12 , 13 , 14) |
| 6. payment disputes resolved in main section 138 trial. (Para 15) |
| 7. order quashed, complaint restored with costs and directions. (Para 16 , 17 , 18) |
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with order dated 07.07.2025 passed by learned Judicial Magistrate, First Class, Court No.3, Shimla, District Shimla, H.P, whereby the learned Court below while closing the evidence of the petitioner/complainant has further proceeded to dismiss the complainant for want of prosecution, petitioner/complainant has approached this Court in the instant proceedings filed under Section 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023, praying therein to set aside the aforesaid order and restore the complaint No.280-B of 2020 titled M/s
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....
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....
Magistrate is not justified in straight away dismissing complaint(s) and ordering acquittal of accused on mere non-appearance of complainant.
The legal point established is that the dismissal of a complaint for want of prosecution should be in accordance with the provisions of Section 256 Cr.P.C., and the court may proceed with the case if....
The dismissal of a complaint under Section 256 for non-appearance is improper if evidence is recorded, emphasizing the need for trial on merits to avoid undue acquittal.
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