K. Veeramani v. M.V. Jayalakshmi
IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ...
CRA/9/2022 K.Veeramani ... Appellant Vs.
M.V. Jayalakshmi ... Respondent Ms. A.S.Zinu ...for the appellant December 21, 2022 [AKB] Item No.29 The appeal is directed against the order dated 2nd June 2022 in connection with CR Case No. 17 of 2019 whereby learned Judicial Magistrate First Class -I acquitted the accused under Section 256 of the Code of Criminal Procedure as the complainant remained absent and no show cause was filed at the instance of complainant in response to the order dated 23rd March, 2022 by the same Court.
Ms. A.S. Zinu, learned advocate appearing on behalf the appellant/complainant has submitted that at the relevant point of time the complainant lost his speech and could not contact with his learned advocate to take steps on his behalf. In support of her submission, Ms. Zinu, learned advocate has referred to discharge summery of G.B. Pant Hospital, Port Blair and also that of Ramya Neuro Hospital, Madurai. That apart different Medical certificates are shown in course of argument advanced on behalf of the appellant/complainant.
From the record I find that the case was filed by the complainant under Section of the Negotiable Instrument Act, against the accused for the liability to repay of loan to the tune of Rupees Four Lakhs. In discharge of liability one cheque was issued in favour of the complainant by the accused and that was dishonored due to insufficient fund.
It is submitted that for the offence alleged the accused was examined under Section 251 of the Code of Criminal Procedure and accused pleaded not guilty and the case was put into trial by the order dated 30.12.2021 fixing 23.03.2022 for evidence.
On 23.03.2022 complainant could not present and learned Magistrate directed the complainant to show cause as to why the case shall not be dismissed. And on the next date on 22.04.2022 the complainant was provided a last chance to show cause fixing 02.06.2022 for show cause. And finally on 02.06.2022 learned Magistrate recorded the absence of the complainant and dismissed the case under Section 256 of the Code of Criminal Procedure and acquitted the accused/respondent.
Considering all the documents relied on behalf the appellant, I find that at the relevant point of time when the case was dismissed by the learned Magistrate the complainant was not only ill and also lost his speech as it appears from the discharge summery of G.B. Pant Hospital, Port Blair. Audi Alteram Partem being an essential right
should be protected in the fact and circumstances stated above.
With the aforesaid view of the matter the order dated 02.06.2022 stands set aside.
The appeal is allowed.
CR Case No. 17 of 2019 be restored to its original file. Learned Judicial Magistrate First Class - I, Port Blair is requested to dispose of the case after hearing both the sides as per law.
The appeal being No. CRA/9/2022 stands disposed of accordingly.
Let a copy of this order along with the lower court records be transmitted to the learned Judicial Magistrate First Class-I at once for compliance.
(Bibhas Ranjan De, J.)