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AMAN CHAUDHARY
Nandini Acharya – Appellant
Versus
Mahesh Sharma – Respondent
| Table of Content |
|---|
| 1. factual background of the case and parties involved (Para 1 , 2) |
| 2. arguments concerning the revision and summoning (Para 3 , 4) |
| 3. court's need for adherence to hearing rights (Para 5 , 6) |
| 4. accused's right to be heard in revision appeals (Para 7 , 9) |
| 5. order for remittance and directive for fresh decision (Para 10 , 11 , 12) |
Judgment
Mr. Aman Chaudhary, J. :-CRM-5562-2023
For the reasons mentioned in the application, the same is allowed and reply on behalf of the respondent is taken on record subject to all just exceptions.
CRM-M-12362-2019
1. The present petition has been filed under Section 482 Cr.P.C. for setting aside the impugned order dated 01.06.2018, Annexure P-4, passed by the Additional Sessions Judge, Gurugram.
2. The facts in brief as emerge from the complaint are that the petitioner-accused is a designated partner of the firm, namely M/s Coral Travel Party Saga LLP., which took an amount of Rs. 17 lac from the respondent-complainant. In order to discharge its liability, a cheque amounting Rs. 5 lac was issued, which on presentation was dishonoured, leading to filing of the complaint under Section 138 of the Negotiable Instruments Act, 1881 against thr
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
The importance of providing both parties with an opportunity to be heard in revision petitions and expediting the hearing process.
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