criminal procedure code
baljit singh
(Querist) 07 August 2009
This query is : Resolved
Hi,
its baljit advocate here,
my querry is what is the remedy against the order passed by a criminal court while dealing a case in the capacity of lok adalat.
Facts of the case:
A criminal complaint was filed by a complainanat was entrusted to Special judicial magistrate for disposal. The accused was ordered to appear throuth non-bailable warrants. however the accused approached the complainant and asked him to withdraw the case and assured the payment covered by the cheque within one month. The complainant made unilateral statement in the court in the absence of accused ( who was yet to appear) and his statement was recorded and the case was posted for a date on which a lok adalat was scheduled to be held. The statement was simple one that he has got the matter compromised with the accused as such did not want to proceed with the complaint further. The complainant made the statement in view of the fact apart from the cheque amount a huge balance amoutn was also due to the accused. so doubting taht the accused might not refuse to pay the balance amount, he agreed to withdraw the case. However, the accused failed to keep his promise and as such a day before the lok adalat was scheduled to be convened, the complainant made an application before the court for permission to withdraw his statement and continue with the complaint. The said application was ordered to be put wiht the case file for the next day on which the lok adalat was scheduled to be ocnvened. on the said date a notice of the application was given to the accused, who was not present in the lok adalat on the said date, for some other date and the complaint was disposed off by the magistrate in view of the earlier statement of the complainant already on record. The said application remained pending for quite some time in the court and warrants for the appeacance of the accused were also issued. on one fine day, the court without procuring the presence of the accused dismissed the application on the ground taht the case has already been disposed off in the lok adalat.
querries?
whether the court was justified to disposed off the complaint on the basis of the previous statement of the complainant and ignoring the application made by him praying for withdrawal of statement and to continue with the trial in the changed circumstances?
Whether the complaint could have been disposed off in the lok adalat in the absence of the accused
What remedies are available to the complainant under the criminal procedure code to challege the said order.
adv. rajeev ( rajoo )
(Expert) 07 August 2009
I think it is NI Act case. Even thouhg payment is made complainant can proceed with the case because there is punishment for that offence.
Court has made an err by dismissing the case, when summons are issued to the accused and application was filed by the complainant seeking permission to proceed with the case then court couldn't have dismissed the complaint, it courld have been heard the application. It is a mistake of the court.
Case is dismissed so file a criminal appeal against the order in the Dist., Court.
Kiran Kumar
(Expert) 07 August 2009
well i think this is not an appealable order, as it has not resulted in either the discharge or acquittal of the accused.
in my opinion it is a revisable order....now it has to be studied whether to move under S.397 or S.401 Cr.P.C or move under S.482 Cr.P.C in the high court.
i think this application should ve been considered first before the disposal by the Lok Adalat.
Kamal Grover
(Expert) 07 August 2009
No appeal lies against lok adalat order therefore You have other remedy to approach the court again with the addition of facts that he had made a cheating also and add 420 alongwith previous sections, as per your statement, he has to pay the amount very soon. therefore complaint case of 420 also lies due to his false statement and for misguiding you client.
Your further clarification is welcome at any time;
KAMAL GROVER,
Advocate
Punjab and Haryana High Court at Chandigarh, India
e-mail: adv.kamal.grover@gmail.com
Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality in India. Rest you may get only guidance and can engage any local lawyer plz..
Regards and good luck
V.V.RAMDAS
(Expert) 09 August 2009
Dear friend,
You have stated that the magistrate has "dismissed the application on the ground taht the case has already been disposed off in the lok adalat".So the case is not disposed of in Lok-Adalt rather another passed in the regular court . So in my opinion it is a revisable order....now it has to be moved under S.397 Cr.p.c and you have got option to file before hon'ble curt too under 482 Cr.P.C
V.V.RAMDAS
(Expert) 09 August 2009
Dear Mr Kamal Grover,
Your advise is very worth worthy and you and your friends have under taken a noble work which serves human socity at large. Thanks a lot and I will be in touch with you.
