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TMI Blog2020 (3) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... o be noted. On 18th February 1997, the plea of the accused has been recorded. On the date the impugned order was passed also the accused was present. The complainant remained absent on the date of hearing. The matter was adjourned and on 26th May 1997, when the accused was acquitted, the complainant and its advocate were again absent although repeatedly called till 4.00 p.m. The Magistrate also has noted that there is no application on record to adjourn the matter further. Further the impugned order is dated 26th May 1997. The appeal has been lodged on 10th November 1998, almost 1 years after the order of acquittal. Moreover, there is no explanation even in the appeal as to why the complainant or its pleader did not remain present on 26th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r reads as under : Accused is present. Plea of accused is recorded on 18.2.97. Thereafter complainant remained absent on the date of hearing. Today also complainant and its Advocate absent, although repeatedly called till 4 p.m. I don't find application in adjourning the matter further. Hence accused is hereby acquitted for offence punishable U/s. 138 of N.I. Act in view of provisions of Sec. 256 of Cr. P. C. and case is closed. 2. With the assistance of the APP Ms. Malhotra and Mr. Nagvekar, counsel appearing for appellant, I have perused the appeal papers. 3. Admittedly in this case, process, i.e., summons, has been issued and even plea has been recorded. Therefore, the judgment of this Court in Baliram Ramchandra Patil V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y appointed for appearance of the accused or any day subsequent thereto, to which the hearing of the case has been adjourned. Section 256(1) mandates the Magistrate to acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case. If an exceptional course is to be adopted, it must be spelt out. The discretion conferred upon the Magistrate, however, must be exercised with great care and caution. The conduct of the complainant for the said purpose is of immense significance. He cannot allow a case to remain pending for an indefinite period. There exists a distinction between a civil case and a criminal case. Speedy trial is a fundamental right of an accused. The orders passed by the competent Court of law as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mons has been issued on complaint and on the date appointed for the appearance of accused or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, acquit the accused, unless for some reason the Magistrate thinks it proper to adjourn the hearing of the case to some other day. Therefore, Section 256 mandates that if the complainant does not remain present on the appointed day after summons has been issued on complaint and unless attendance of complainant has been dispensed with, the Magistrate shall acquit the accused. If the Magistrate feels that the order of acquittal should not be passed on that date, the Magistrate has to give reasons. In this case, the Magistrate has acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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