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Issues: Dismissal of complaint under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate without proper procedure and considerations.
In this judgment, the appellant filed a private complaint under Section 138 of the Negotiable Instruments Act before the Judicial Magistrate, Bhavani, against the respondent. The complaint was taken on file but later dismissed by the Magistrate due to the complainant's absence. The appellant argued that since the complaint was dismissed before summons were issued to the accused, the respondent did not attain the status of an accused, and notice need not be sent. The court referred to the purpose of Section 256 of the Criminal Procedure Code, emphasizing that the provision aims to deter complainants from dilatory tactics while protecting the accused from unnecessary harassment. The court highlighted that the Magistrate must consider the necessity of the complainant's presence for the case's progress before dismissing the complaint. The court cited a previous case where it was observed that the Magistrate misused Section 256 by dismissing a case without proper considerations. The judgment emphasized that the power to dismiss a complaint must be exercised judiciously to advance the cause of justice. The court found that the defects in the Magistrate's order in the present case mirrored those in the previous case, indicating an arbitrary exercise of discretion. The court also referenced another judgment reiterating the importance of judicial restraint in exercising such powers. Consequently, the court set aside the Magistrate's order, directing the Magistrate to restore the case and proceed further in accordance with the law. The criminal appeal was allowed in favor of the appellant.
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