Mahendra Vishnoi vs State Of Rajasthan
2022 Latest Caselaw 14697 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 953/2022

Mahendra Vishnoi S/o Shri Mukna Ram Ji, Aged About 26 Years, R/o House No. 51, A Road, Saran Nagar, Jodhpur.

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Lal Chand Soni S/o Shri Lunkaran Soni, B/c Soni, R/o 289, Indra Colony, Pratap Nagar, Jodhpur And Second Address - Lal Chand Soni S/o Shri Lunkaran Soni Through Vishnu Ji Ghanchi, Adarsh Colony, House No. 24, Man Sagar, Jodhpur.

                                                                ----Respondents


For Appellant(s)         :     Mr. Rahul Sharma
For Respondent(s)        :     Mr. Gaurav Singh, PP
                               None present



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

14/12/2022

The matter has already been admitted. No one put in

appearance on behalf of the respondent despite service.

Heard learned counsel for the appellant.

Learned public prosecutor is directed to save the interest of

the complainant since the prosecution was launched at the behest

of the complainant. Learned public prosecutor has rendered apt

assistance while saving the interest of the complainant. Perused

the record.

By way of filing the instant criminal appeal, challenge has

been made to the order dated 03.02.2021 passed by the learned

Special Judge, (N.I. Act Cases) No.6, Jodhpur Metropolitan in

(2 of 2) [CRLAS-953/2022]

Criminal Complaint Case No. 6/16 whereby the complaint of the

appellant came to be dismissed on account of non-prosecution.

Owing to the non-appearance of the complainant on

21.01.2021 and thereafter on 03.02.2021, the learned Court

below constrained to dismiss the complaint in default vide

judgment dated 03.02.2021 in pursuance of the provision

envisages under Section 256 (1) of the Cr.P.C.. Although, no error

has been committed by the learned Magistrate in dismissing the

complaint in default because of his non-appearance and perceiving

his disinclination for pursuing the proceedings of the case yet in

the interest of justice and observing that one cannot be left

remedy-less, a lenient view is required to be taken.

Accordingly, the appeal is allowed and order dated

03.02.2021 is hereby quashed and set aside. The stay petition

also stands disposed of.

Learned trial court is directed to re-register the case on the

same number and then issue process against the accused and

proceed in accordance with law. No further order is required.

(FARJAND ALI),J 89-Arti/-

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