Case Note & Summary
The appellant, Shri Champalal Kapoorchand Jain, filed a criminal complaint against M/s. Navyug Cloth Stores and its partners, Vijay Kumar Kapoorchand Jain and Dilip Kumar Kapoorchand Jain, along with the State of Maharashtra. The Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai, acquitted the accused on 3rd June 2000 under Section 256 of the Code of Criminal Procedure, 1973, due to the absence of the complainant and his advocate on the date fixed for evidence. The appellant challenged this acquittal by filing Criminal Appeal No.366 of 2003 under Section 378(4) CrPC before the Bombay High Court. The sole legal issue was whether the Magistrate erred in acquitting the accused without considering the possibility of adjournment. The appellant's arguments were not presented as the appellant was absent; only the Additional Public Prosecutor appeared for the State. The court analyzed Section 256(1) CrPC, noting that it mandates acquittal if the complainant does not appear, unless the Magistrate thinks it proper to adjourn. The discretion to adjourn must be exercised with great care and caution, and the complainant's conduct is of immense significance. The court observed that the complainant had not provided any explanation for his absence and had allowed the case to remain pending. Consequently, the court found no merit in the appeal and dismissed it, upholding the acquittal.
Headnote
A) Criminal Procedure - Non-appearance of Complainant - Section 256 Code of Criminal Procedure, 1973 - Acquittal for Default - The complainant and his advocate were absent on the date fixed for evidence, leading to dismissal and acquittal under Section 256 CrPC - The court held that the Magistrate's discretion to adjourn must be exercised with great care and caution, and the complainant's conduct is of immense significance - Since the complainant failed to appear without any explanation, the acquittal was upheld (Paras 1-5).
Issue of Consideration
Whether the Magistrate was justified in acquitting the accused under Section 256 CrPC due to the complainant's absence, and whether the appeal against such acquittal should be allowed.
Final Decision
Appeal dismissed. The order of acquittal passed by the Metropolitan Magistrate on 3rd June 2000 is upheld.
Law Points
- Section 256 CrPC mandates acquittal on complainant's absence unless adjournment is proper
- discretion must be exercised with care
- complainant's conduct is significant
Case Details
Criminal Appeal No.366 of 2003
Ms. Anamika Malhotra, APP for State
Shri Champalal Kapoorchand Jain
M/s. Navyug Cloth Stores, Mr. Vijay Kumar Kapoorchand Jain, Mr. Dilip Kumar Kapoorchand Jain, The State of Maharashtra
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Nature of Litigation
Criminal appeal against acquittal under Section 256 CrPC due to complainant's absence.
Remedy Sought
Appellant sought to set aside the acquittal order and restore the complaint.
Filing Reason
Complainant and his advocate were absent on the date fixed for evidence, leading to dismissal and acquittal.
Previous Decisions
Metropolitan Magistrate acquitted the accused on 3rd June 2000 under Section 256 CrPC.
Issues
Whether the Magistrate was justified in acquitting the accused under Section 256 CrPC due to the complainant's absence.
Submissions/Arguments
Only the APP appeared for the State; no submissions from the appellant as he was absent.
Ratio Decidendi
Under Section 256(1) CrPC, if the complainant does not appear on the day appointed, the Magistrate shall acquit the accused unless for some reason he thinks it proper to adjourn. The discretion to adjourn must be exercised with great care and caution, and the complainant's conduct is of immense significance. Since the complainant failed to appear without any explanation, the acquittal was proper.
Judgment Excerpts
Section 256 of the Code of Criminal Procedure reads as under : ...
The ingredients of Section 256 (1) are (i) summons must have been issued on a complaint, (ii) the Magistrate should be of the opinion that for some reasons, it is proper to adjourn the hearing of the case to some other date, and (iii) the date on which the order under Section 256(1) can be passed is the day 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.
Procedural History
The complaint was filed before the Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai. On 3rd June 2000, the complainant and his advocate were absent, leading to dismissal under Section 256 CrPC and acquittal of the accused. The appellant filed Criminal Appeal No.366 of 2003 under Section 378(4) CrPC before the Bombay High Court, which was dismissed on 26th November 2019.
Acts & Sections
- Code of Criminal Procedure, 1973: 256, 378(4)
