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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED
Thiru KVR Karnan – Appellant
Versus
Thiru Jaisankar – Respondent
| Table of Content |
|---|
| 1. court hears counsel for both parties. (Para 1 , 2) |
| 2. appellant argues non-appearance led to dismissal. (Para 3 , 4 , 9) |
| 3. discussion of loan agreement and cheque issuance. (Para 5 , 6 , 10 , 21) |
| 4. court emphasizes the need for speaking orders. (Para 11 , 12 , 14) |
| 5. emphasis on natural justice and remand back. (Para 22 , 23) |
| 6. final order to remand case to trial court. (Para 24 , 25 , 26) |
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 t
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 justic....
A single absence of the complainant should not lead to dismissal of a complaint, as it may result in failure of justice.
The court upheld the dismissal of a complaint for want of prosecution due to the complainant's repeated absences, emphasizing the need for timely justice and the prosecution's duty to appear.
The court upheld the dismissal of a complaint for non-prosecution, emphasizing the need for timely justice and the consequences of a complainant's repeated absence.
The court emphasized that cases should be decided on merits rather than technicalities, restoring the complaint for fresh adjudication after the trial Court's dismissal for non-appearance.
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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