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UMESH CHANDRA SHARMA
Sunil Kumar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. order quashed due to complainant's absence. (Para 2 , 3) |
| 2. inherent jurisdiction cannot be invoked when appeal remedy exists. (Para 5 , 6 , 8) |
| 3. petition dismissed for lack of maintainability. (Para 9) |
JUDGMENT :
UMESH CHANDRA SHARMA, J.
1. Heard Sri Anil Kumar Mishra, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned AGA for the State and perused the record.
2. This petition has been filed to quash the order dated 10.11.2022 passed by the Additional Chief Judicial Magistrate, Court No. 6, Meerut in Complaint Case No. 6600 of 2016 ( Sunil Kumar vs. Amit Kumar ), under Section 138 NI Act, Police Station Lalkurti, District Meerut.
3. In the above noted criminal complaint case under Section 138 NI Act when applicant complainant did not appear on 10.11.2022 the trial court considering the fact that the complaint was pending since 02.09.2016, the statement of the accused had been recorded on 08.10.2021 but since then complainant had not filed any affidavit as evidence and was not attending the court from the past several dates, even last opportunity was provided to him even then he neither appeared nor moved any application, the trial court dismissed
Court discretion is necessary in acquitting accused due to complainant's absence; automatic acquittal undermines justice.
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 in a criminal case can lead to an implied acquittal of the accused under Section 256 of the Cr.PC.
Judicial discretion must be exercised in dismissing complaints for non-appearance, as personal attendance is not always required.
A complainant’s repeated absence in a Section 138 case can lead to acquittal for lack of evidence, but a court may allow further opportunity to adduce evidence to ensure fair justice.
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