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A. D. JAGADISH CHANDIRA
Viswak Garments, Rep. by its Partner B. T. Murali, Tirupur – Appellant
Versus
Woodstock Merchandising Private Ltd. , Rep. by its Director Jibi Mahathu George, Mumbai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 12.11.2021 in unnumbered S.T.C.No. of 2020 on the file of Judicial Magistrate, Avinashi and direct to assign CMP number.)
1. An order of dismissal of a private complaint filed by the petitioner, came to be passed by the Judicial Magistrate, Avinashi, invoking Section 256 Cr.P.C. is put to challenge in the present Criminal Original Petition.
2. The case of the petitioner is as under:-
i) The petitioner is a Partnership Firm engaged in the business of manufacturing and selling of knitted hosiery garments. A1 is a Private Limited Company engaged in the business of purchase and sales of knitted hosiery garments and A2 and A3 are the Directors of A1 Company.
ii) The accused were dealing with the complainant on credit basis in purchasing knitted hosiery garments during the year 2019 and 2020. The complainant had manufactured the knitted hosiery garments and supplied to the accused as demanded by them and had raised invoices for the same.
iii) To discharge the liability, the accused had issued various cheques from 8.2.2020 to 16.2.2020 which were dishonoured when presented for p
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....
The need for the complainant's personal appearance and the discretion to adjourn the hearing before dismissing the complaint.
The dismissal of a complaint due to non-prosecution must follow procedural requirements; failure to notify parties negates the dismissal under applicable legal standards.
The central legal point established in the judgment is the necessity of exercising judicial discretion and considering the potential adverse consequences for the complainant in dismissing complaints ....
The absence of a complainant's advocate does not justify automatic dismissal of a case if evidence is on record and the accused is avoiding service.
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