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SANJAY KUMAR DWIVEDI
Nawal Kumar Kanodia @ Nawal Kanodia – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. arguments regarding personal appearance and commercial nature. (Para 2 , 5 , 6 , 7) |
| 2. factual background of commercial dispute. (Para 3 , 4) |
| 3. court's reasoning on personal appearance exemption. (Para 8 , 9 , 10 , 11) |
| 4. decision to allow exemption from personal appearance. (Para 12 , 13) |
| 5. final conclusion and order. (Para 14 , 15) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Ajay Kumar Sah, learned counsel for the petitioners, Mr. Vineet Kumar Vashistha, learned counsel for the State and Mr. Anurag Kashyap, learned counsel for respondent no. 2.
2. Mr. Anurag Kashyap, learned counsel for respondent no. 2 submits that since only the law points are involved in this petition and in view of that, this case can be heard on merit in absence of any counter affidavit of respondent no. 2.
3. This petition has been filed for quashing the order dated 08.08.2022 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Complaint Case No. 493 of 2019, whereby, the petition filed by the petitioners under Section 205 Cr.P.C. has been rejected.
4. The complaint case was filed alleging therein the petitioners came to the office of the complainant (respondent no. 2)
The court allowed representation by counsel in lieu of personal appearance under Section 205 Cr.P.C. to prevent unnecessary hardship to accused while ensuring trial integrity and promptness.
Exemption from personal appearance – Discretion to dispense with personal appearance should be exercised in rare cases but still it would be allowed to those accused who could not come to court due t....
A party should not suffer due to the non-appearance of their counsel, especially when the trial has not commenced.
The judgment emphasizes the importance of substantial justice over technical considerations and highlights the need to consider the circumstances and record of the case before concluding on a party's....
Summoning a defendant as the plaintiff's witness is discouraged and should occur only in exceptional circumstances; the plaintiff must bear the burden of proof.
Litigants must approach the court with clean hands and full disclosure; failure to do so constitutes an abuse of process, justifying dismissal of the petition.
The Registrar's power to grant leave to file a suit against a co-operative society in liquidation under Section 121(2) of the A.P. Co-operative Societies Act 1964 is discretionary and must be exercis....
The main legal point established in the judgment is that an order passed under Section 91 of the Cr.P.C. is an order of interlocutory nature and does not attract the bar under Section 362 of the Cr.P....
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