Sree Gokulam Chit And Finance Co. Pvt. Ltd vs Mohammed

Mary Joseph, J

In view of the nature of the release sought in the application, notice to the first respondent is dispensed with.

This revision is filed challenging the order passed by Judicial First Class Magistrate Court-I, North Paravur (for short ‘the court below’) in S.T.No.731/2018. The complaint filed by the revision petitioner was taken cognizance of by the court below and a case as above was registered on it’s file. On 28.11.2017, complainant was present and the case was posted for enquiry. Thereafter, on two successive postings on 27.01.2018 and 03.02.2018, the complainant was absent. On the succeeding four postings since the Presiding Officer was not sitting, the case was adjourned by Notifications.

In the year 2019, there were two postings and on those days also, the complainant was absent and was not represented. Process was not paid for issuing summons to the accused. During the Covid period, postings were there for the case, but the case was adjourned by Notification. On 26.03.2022, the complainant was not present and there was direction to take steps as last chance. On the next posting on 23.04.2022 also the complainant failed to appear. Therefore, he was directed to take steps with a warning that further time will not be granted. On 28.04.2022 also, the complainant did not turn up. There was not even representation for him. Therefore, the court below has dismissed the complaint under Section 204(4) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’).

There is clear cut evidence of laches on the part of the complainant. However, this Court is inclined to show some leniency in the matter.

In the result, revision petition is allowed and the impugned order is set aside. The court below shall restore the complaint back to it’s file and grant ten days time to the complainant to take steps. If the complainant fails to do as directed, the court below is at liberty to dismiss the complaint under Section 204(4) Cr.P.C.