Case Note & Summary
The case involved an appeal by Kamal Singh against an order dated 3rd August, 2009. The respondent, Yashwant, was served but did not appear in court. The Supreme Court noted that the appellant had deposited a total of ` 2 lakhs before the trial court as per its earlier order dated 6th January, 2011. Given the absence of the complainant, the Court directed that the amount be remitted to him via a demand draft within two months. The appeal was allowed, and the impugned order was set aside, emphasizing the need to uphold the complainant's rights despite his non-appearance.
Headnote
A) Criminal Law - Remittance of Amount - Direction for Remittance - Criminal Procedure Code, 1973 - Court directed the trial court to remit the deposited amount to the complainant despite his absence, ensuring the complainant's rights are upheld. The appeal was allowed, and the previous order was set aside (Paras 1-2).
Issue of Consideration
Whether the amount deposited by the appellant should be remitted to the complainant in the absence of his appearance.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order, and directed the trial court to remit the deposited amount to the complainant within two months.
Law Points
- Appeal
- Remittance
- Complainant's Rights
