9911796707
TMI Blog2009 (4) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... uch, the present appeal 4. Whether reporters of the Local papers are allowed to see the judgment? Yes. has been filed, assailing the order of dismissal in default, which was barred by limitation, however, vide order dated 26.2.2009, the delay was condoned. 5. I have heard the learned Counsel for the parties and have examined the record. 6. As a matter of fact, the appellant had filed a complaint before the learned trial court on 30.3.2007. 7. The preliminary evidence by affidavits was led before the learned trial court on 10.5.2007, on considering the complaint, the documents appended thereto and also the affidavits filed in support of the complaint, the learned trial court found reasonable grounds to summon the respondent as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks 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 non- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etion in the aforesaid section has to be exercised fairly and judiciously without impairing the cause of administration of criminal justice, which should be spelt out from the order passed by the court. 13. In the facts in hand, the learned trial Court has given a complete go bye to the essential requirements of Section 256 of the Code and did not record the reason whether the presence of complainant was essential for the progress of the case, which on facts was not; therefore, the impugned order is indefensible, thus unsustainable, thus, set- aside. Consequently, the complaint aforesaid is remanded back to the learned trial court for its disposal in accordance with law. It shall be entered against its original number. 14. Parties are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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