Smt. Tara Tripathi vs Ashutosh Tripathi
2024 Latest Caselaw 5480 MP

Madhya Pradesh High Court

Smt. Tara Tripathi vs Ashutosh Tripathi on 22 February, 2024

                                                            1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                      BEFORE
                                       HON'BLE SHRI JUSTICE RAJ MOHAN SINGH
                                             ON THE 22 nd OF FEBRUARY, 2024
                                        MISC. CRIMINAL CASE No. 38352 of 2022

                          BETWEEN:-
                          SMT. TARA TRIPATHI W/O SHRI BHASKAR DATT
                          TRIPATHI, AGED ABOUT 54 YEARS, OCCUPATION:
                          HOUSEWIFE R/O INFRONT OF REWANCHAL PUBLIC
                          SCHOOL KHUTEHI, REW, TEHSIL HUZUR (MADHYA
                          PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI DEVENDRA KUMAR SHUKLA -ADVOCATE)

                          AND
                          ASHUTOSH TRIPATHI S/O SHRI R.S. TRIPATHI
                          OCCUPATION: LEGAL OFFICER THROUGH MAHINDRA
                          AND MAHINDRA FINANCIAL SERVICES LIMITED
                          REWA BRANCH OFFICE SHYAM COMPLEX NEAR NEW
                          BUS STAND REW, TEHSIL HUZUR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (NONE)

                                This application coming on for admission this day, the court passed the

                          following:
                                                             ORDER

Perusal of the order dated 28.05.2022 would show that in view of the case being an old one pending since 2008, the cost of Rs.200/- was imposed upon the petitioner/accused. Even thereafter the case was adjourned on two occasions and ultimately the evidence of the petitioner was closed vide order dated 09.07.2022 passed by the Judicial Magistrate First Class, Rewa. The petitioner remained unsuccessful in revision before the Court of Session, which was also dismissed vide order dated 21.07.2022.

Admittedly, the amount of cost(s) was not deposited by the petitioner. In the event of non-payment of cost(s), further prosecution or the defence could not be allowed by the Court.

In Shri Anand Parkash Vs. Shri Bharat Bhushan Rai and another, 1982(1) RCR (Rent) 1 (Full Bench), it was held that in the event of non- payment of cost(s) on the adjourned date, it is mandatory on the part of the Court to disallow the prosecution of suit or defence as the case may be. Though the award of cost(s) to the aggrieved party is discretion of the Court in terms of Section 35-B CPC, but once that discretion is exercised and the amount of cost(s) is imposed and the same is not complied with by the

defaulting party, then it shall become mandatory on the part of the Court to disallow further prosecution of the suit or the defence as the case may be. The aforesaid view has also been reiterated by the Delhi High Court in Manohar Singh Vs. Shri D.S. Sharma and others, 2007 (26) RCR (Civil) 798 (Delhi) and other judgments as well. In CR No. 7195 of 2018 (O & M) (Parveen Kumar & others Vs. Nisha Gupta & others), which was decided on 04.12.2019 same view has been taken by this Court. No exception can be carved out in the present case for making any diversion from the view expressed in the above Full Bench and other judgments.

Accordingly, this petition is dismissed.

(RAJ MOHAN SINGH) JUDGE tarun