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TMI Blog2018 (9) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... thstand judicial scrutiny and the same is that the learned Magistrate while dismissing the complaint for default has not borne in mind the provisions of Section 256 of the Cr.P.C., which specifically deals with nonappearance or death of the complainant. Revision Petition allowed. - Cr. Revision No. 331 of 2018 - - - Dated:- 7-9-2018 - Mr. Tarlok Singh Chauhan, Judge For the Petitioner : Mr. Dalip K. Sharma, Advocate. For the Respondent : Mr. Dheeraj K. Verma, Advocate. Justice Tarlok Singh Chauhan, Judge (Oral). The instant revision petition is preferred by the petitioner- complainant against the order passed by the learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P. whereby the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 23.04.2018, learned Magistrate passed two different orders, which read as under:- 23.04.2014 Present:- None General Power of attorney Sh. Nikhil Gangta of complainant duly served. None appeared. Be called again. Sd/- (Yajuvender Singh) Addl. Chief Judicial Magistrate Kasauli Taken up again. 23.04.2014 Present:- None Case called repeated since morning. It is already 3:30 P.M. Cause list stands exhausted. None appeared on behalf of complainant. Hence, complaint is dismissed for want of prosecution. File, after its due completion be consigned to record room. Sd/- (Yajuvender Singh) Addl. Chief Judicial Magistrate Kasauli 6. Now, the moot question is wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it proper to adjourn the hearing of the case to some other day. Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be apply also to cases where the nonappearance of the complainant is due to his death. 10. This Court in N.K. Sharma vs. M/s Accord Plantations Pvt. Ltd. and another 2008 (2) Latest HLJ 1249 while construing the provisions of Section 256 has observed that the same is applicable to even the complaints filed under t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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