Court must ensure fair opportunity for parties to present cases, especially in light of exceptional circumstances like a pandemic; non-speaking orders without justification are against natural justice.

JUDGMENT :

SHAMIM AHMED, J.

1. Heard Ms. Sakunthala, learned counsel for the appellant and Mr.S.Velmurugan, learned counsel appearing for the respondent.

2. This Criminal Appeal has been directed against the order passed by the learned Judicial Magistrate, Fast Track Court, Attur in STC.No.21 of 2021. The operative portion of the order impugned is extracted hereunder:

"This case having been Judicial Magistrate No.I Court taken on file on 04.02.2021, this Court taken on file on 16.03.2021.

2. Accused present. Complainant called absent. No representation. Appearance of PW1 (Fi) again calling at 12.55 PM. Complainant and PW1 called absent. No representation. Hence complaint is dismissed as non appearance of complainant u/s.256 of Cr.P.C."

3. Learned counsel for the appellant submits that the trial court dismissed the complaint filed by the appellant in STC.No.21 of 2021 only on the sole ground that the complainant was not present at the time of date fixed for hearing.

4. It was submitted by the learned counsel appearing for the appellant that due to Covid Pandemic, there was a danger of life to the persons, due to this reason, the adjournment was sought by the appellant, but the same was not considered and the trial court, vide, the impugned order dated 28.09.2021, dismissed the complaint case in STC.No.21 of 2021. Thus the appellant was not given adequate opportunity to present his case and to adduce any evidence. Thus, it was argued on behalf of the appellant that the matter may be remanded back to the trial court to contest the case on merits after considering the entire evidence on record. She also submits that sufficient cause has also been mentioned in the grounds of appeal for non appearance of the appellant.

5. It was further submitted by the learned counsel for the appellant that the respodnent had borrowed a sum of Rs. 9 lakhs from the appellant on 25.10.2020 to meet his personal expenses and further agreed to pay the interest for the aforesaid sum at the rate of 12% per annum. In view of the borrowal of loan amount, the respondent had issued post dated cheque bearing No 000004 drawn at the HDFC Bank, Attur Branch dated 10.12.2020 for the aforementioned principal sum of Rs.9 lakhs.

6. Learned counsel for the appellant further argued that as the respondent failed to return the aforementioned amount as promised to the appellant, he has presented the aforesaid post dated cheque with his Banker viz, Tamilnadu Mercantile Bank Ltd, Attur Branch on 28.12.2020, but the said cheque was returned vide memo dated 30.12.2020 with the endorsement 'Account closed'. Thereafter, the appellant issued a legal notice dated 30.12.2020 to the respondent, but no reply has been sent by the respondent and thereafter, the appellant filed a complaint in STC.No.21 of 2020 before the Judicial Magistrate, Fast Track Court, Attur.

7. In the said complaint filed by the appellant, the respondent also put his appearance and the trial was commenced and thereafter, the case was adjourned on the ground of Covid Pandemic as there was danger to the life of the persons. During that period, there was lock down in the entire country. The appellant on 02.09.2021, has filed his proof affidavit and marked documents Ex.P.1 to Ex.P.5 and the case was posted for cross examination.

8. The matter was listed on 28.09.2021, but the complainant and his counsel could not appear due to some personal commitment and due to Covid 19 Panemic. In this regard, an application under section 256 of Cr.P.C., was filed by the Junior of the counsel for the complainant/appellant. This fact has be