THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL APPEAL No.133 of 2023
JUDGMENT:
This Criminal application, under Section 378(1) of Cr.P.C, is filed by the appellant/complainant, challenging the docket order dated 02.12.2022, passed in C.C.NI.No.1575 of 2021 by the II Additional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally whereby, the complaint filed by the appellant/complainant under Section 200 of Cr.P.C against the respondent No.2/accused for the offence under Section 138 of Negotiable Instruments Act, 1881, was dismissed for default.
2. Heard Sri Peddakvoa papaiah, learned counsel representing Sri Charan Telaprolu, learned counsel for the appellant/complainant, learned counsel for the respondent No.2/accused perused the record.
3. Learned counsel for the appellant/complainant would submit that initially, the subject complaint was filed before the Principal Junior Civil Judge-cum-X Additional Metropolitan Magistrate at Kukatpally and the case was numbered as C.C.No.2726 of 2018. During COVID-19 pandemic, the subject case was transferred to the Court of VIII Special Magistrate and 2 Justice Juvvadi Sridevi CRl.A.No.133 of 2023 was re-numbered as C.C.No.1575 of 2021 and later, as the Special Courts were abolished, the subject case was again transferred to the Court of XII Additional Metropolitan Magistrate, Kukatpally, which was kept pending for a while. However, since the XII Additional Metropolitan Magistrate, Kukatpally had no jurisdiction to deal with the case, it was again transferred to X Additional Metropolitan Magistrate at Kukatpally. Under these circumstances, issuance of notice to the appellant/complainant is mandatory in the event of transfer of the case from one Court to another. The Court below dismissed the case for default though the appellant/complainant is regularly pursuing the proceedings through his junior counsel. Only due to the frequent transfer of the subject case from one Court to another, the junior counsel missed the track of the case. The Court below is not justified in dismissing the complaint for default and ought to have given notice to the appellant/complainant, as she has no knowledge about the pendency of the proceedings before the Court which dismissed the subject complaint for default. The absence of the appellant/complainant when the case was called before the Court below is neither willful nor wanton, but for the reasons beyond her control. Even the counsel for the appellant/complainant was suffering from ill-health. Despite due diligence in pursuing the 3 Justice Juvvadi Sridevi CRl.A.No.133 of 2023 subject case by the junior counsel, in view of the frequent transfer of the subject case from one Court to another, the subject case came to be dismissed for default and ultimately prayed to set aside the impugned docket order dated 2.12.2022 and allow the appeal as prayed for.
4. On the other hand, learned counsel for the respondent No.2/accused would submit that though the appellant/complainant had filed the subject complaint under Section 200 of Cr.P.C, she failed to pursue the matter diligently. The Court below, while dismissing the subject complaint for default, categorically observed that in spite of several adjournments, the complainant was absent and there was no representation on her behalf. Since there were laches on the part of the appellant/complainant in diligently pursuing the matter, the Court below is justified in dismissing the subject complaint for default. The impugned docket order dated 2.12.2022 brooks no interference and ultimately prayed to dismiss the appeal.
5. The impugned docket order, dated 02.12.2022, reads as follows:
"Complainant absent. Accused present. Inspite of several adjournments complainant absent and no representation on behalf of complainant, 4 Justice Juvvadi Sridevi CRl.A.No.133 of 2023 and on conditional order to file the chief evidence by complainant, complainant absent, chief not filed and no representation on behalf of complainant. Hence, case is Dismissed for Default."
6. The appellant/complainant contends that though the subject case was being pursued diligently by a junior counsel, in view of frequent transfer of the subject case from one Court to another, he missed the track of the case and ultimately the impugned order dismissing the subject case for default came to be passed. The submission of the learned counsel for the appellant/complainant that the case was frequently transferred from one Court to other is not disputed by the other side. Furthermore, there is medical record to substantiate that the counsel for the appellant/complainant was suffering from ill-health. Furthermore, no prejudice would be caused to the respondent No.2/accused, if the present appeal is allowed, in view of the fact that the said complaint is filed under Section 138 of Negotiable Instruments Act.
7. Having regard to the submissions made on behalf of the appellant/complainant and in view of the facts and circumstances of the case, this Court is of the firm opinion that the appellant/complainant can be afforded one more opportunity to 5 Justice Juvvadi Sridevi CRl.A.No.133 of 2023 pursue the matter diligently, on payment of costs, which course, in the considered opinion of this Court, would sub-serve the ends of justice.
8. Accordingly, subject to the payment of cost of Rs.1000/- (One Thousand Rupees only) by the appellant/complainant to the respondent No.2/accused within two(2) weeks from the date of receipt of a copy of this judgment, the Criminal Appeal stands allowed, and the impugned docket order, dated 02.12.2022 passed in C.C.NI.No.1575 of 2021 by the II Additional Junior Civil Judge- cum-X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally stands set aside and the subject C.C.NI.No.1575 of 2020 stands restored to the file of the Court below. On such restoration of the subject CC.NI.No.1575 of 2021, the Court below shall endeavor to dispose of the same within a period of three(3) months thereafter. It is made clear that if the petitioner/appellant fails to pay the amount as indicated above, the impugned docket order dated 02.12.2022 stands as it is. Both the parties as well as their respective counsel shall cooperate with the Court below for disposal of the subject CC.NI.No.1575 of 2021 within the time stipulated.
6 Justice Juvvadi Sridevi
CRl.A.No.133 of 2023
Miscellaneous petitions, if any pending in this Criminal Revision Case shall stand closed.
_________________________
JUVVADI SRIDEVI, J
27.04.2023
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7 Justice Juvvadi Sridevi
CRl.A.No.133 of 2023
THE HON'BLE SMT JUSTICE JUVVADI SRIDEVI
Crl.A. No.133 of 2023
Date:27.04.2023
dgr