Case Note & Summary
The petitioner, Dipak Chandrakant Shirke, was the accused in Summary Criminal Case No.3624 of 2007 pending before the 8th Judicial Magistrate First Class, Nagpur, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The complaint was filed by the respondent, Nilesh Marotrao Nagolkar. After process was issued against the petitioner and three other accused, the petitioner filed an application (Exh. 106) seeking dismissal of the complaint on the ground that he was not a Director of the accused company. The trial court rejected the application by order dated 23.01.2013, holding that since the procedure for summary cases was being followed, there was no provision for dismissal of the complaint after issuance of process, and the case must end either in acquittal or conviction. The petitioner challenged this order by filing a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973. The High Court observed that the trial court had not followed the procedure prescribed under law. Referring to Section 262 of the CrPC read with Section 143 of the Negotiable Instruments Act, the court noted that the trial court was bound to follow the procedure for summary cases, which in turn requires following the procedure for summons cases. The High Court held that the trial court's reasoning was erroneous and that the application for dismissal was maintainable. Consequently, the impugned order was quashed and set aside, and the trial court was directed to decide the application afresh in accordance with law.
Headnote
A) Criminal Procedure - Summary Trial - Dismissal of Complaint - Section 262 CrPC, Section 143 Negotiable Instruments Act, 1881 - The trial court rejected the accused's application for dismissal of complaint on the ground that after issuance of process, the case must end in acquittal or conviction. The High Court held that the trial court was bound to follow the procedure for summary cases under Section 262 CrPC read with Section 143 NI Act, which requires following the procedure for summons cases. The application for dismissal was maintainable and the trial court's order was set aside. (Paras 5-6)
Issue of Consideration
Whether the trial court was justified in rejecting the application for dismissal of the complaint on the ground that after issuance of process, the case must end in acquittal or conviction, without following the procedure under Section 262 CrPC read with Section 143 of the Negotiable Instruments Act.
Final Decision
The impugned order dated 23.01.2013 passed by the 8th Judicial Magistrate First Class, Nagpur in Summary Criminal Case No.3624 of 2007 is quashed and set aside. The matter is remitted back to the trial court to decide the application Exh. 106 afresh in accordance with law.
Law Points
- Summary procedure under Section 262 CrPC read with Section 143 NI Act must be followed
- Application for dismissal of complaint after process is maintainable in summary cases
- Trial Court cannot refuse to consider such application on ground that case must end in acquittal or conviction
