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W. DIENGDOH
Sesami Chemicals (P) Ltd. – Appellant
Versus
Rajesh Kabra – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash prior order. (Para 1 , 2) |
| 2. background of the financial dispute presented. (Para 4 , 5 , 6 , 8) |
| 3. court recognizes importance of legal representation. (Para 10 , 12 , 14 , 16 , 24 , 28) |
JUDGMENT :
W. Diengdoh, J.
1. Heard Mr. K.C. Gautam, learned counsel for the petitioner who has submitted that the petitioner is a company incorporated under the Companies Act, 1956 and is represented by its Director, Shri. Gilbert Diengdoh.
2. The learned counsel has further submitted that this application preferred under Section 482 Cr.P.C is made with a prayer to set aside and quash the order dated 15.06.2022 passed by the court of the learned Judicial Magistrate First Class, Shri. D.K. Mihsill in CR Case No. 87(S) of 2012.
3. It is also submitted that upon institution of this petition before this Court, the petitioner was directed to take steps for issue of notice upon the respondents which was accordingly done so. However, in spite of the same having been received, the respondents have failed to appear before this Court. Accordingly, it is prayed that this matter may proceed ex parte against the respondents herein.
4. Briefly citing the background facts
A party should not suffer due to the non-appearance of their counsel, especially when the trial has not commenced.
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 discretion to dismiss a complaint for non-prosecution under section 256 of the Code of Criminal Procedure should be exercised judiciously, and the presence of the complainant should be deemed nec....
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.
The court emphasized that dismissal of a complaint for non-appearance must be exercised judiciously, ensuring the complainant is given a fair opportunity to present their case.
The court emphasized the need to adhere to principles of natural justice, allowing a complainant the opportunity to adequately pursue their case.
A trial court must provide reasons for dismissing a complaint due to the complainant's absence, exercising discretion under Section 256 of the Cr.P.C. to avoid unjust hardship to the accused.
The Court's decision was primarily based on the interpretation and application of Order 41 Rule 17(1) of the Code of Civil Procedure, 1908, and the explanations provided by relevant case laws, emphas....
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