Case Details

Magma Fincorp Limited Vs Hannan

Case Details

casenoCase TypeC R Case
casenoFiling Number511/2014
casenoRegistration Number256/2014
caseno Filing Date26-12-2014
hearingRegistration Date26-12-2014
hearingFirst Hearing Date26th December 2014
dateDecision Date20th March 2017
casestatusCase StatusCase Disposed
courtCourt Number and Judge8-Jm Ii;
natureNature of DisposalUncontested--Acquitted;

Petitioners & Respondents

contactsPetitioner

Magma Fincorp Limited, ;

contactsPetitioner Advocate

Mahboob Alam;

contacts Respondent Name

Hannan;

Order Details

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Order Details

Order not found.

Final Order Judgement

orderdateOrder Date20-03-2017 documents
C.R 262 of 2014 20.03.2017 Complainant files hazira through Ld. Advocate and such step by complainant is not tenable in a complaint case as per law. On repeated calls, neither complaint is personally present nor anyone appears or moves for complainant. It is 1.27 PM now. Record reveals that since after examination on S.A, complainant has not turned up even for a single day, with hazira through Ld. Advocate or absent petition has been filed on repeated dates. Even toay none has turned upon call for complainant section 256(1) clearly provides that if summons has been issued and on day appointed for appearance of accused but complainant does not appears Maghstrate shall acquit the accused. It is held in the case repeated in 2002 CLJ 2764 (Ban) that it is obligatory upon complainant to be put on date of hearing then if accused has not appeared. It is also held in case reported in 24 CLJ 815 that it is not necessary even that accused should appear to attract provision of Section 256 Cr.P.C. As such, in view of above discussions, accused is entitled to be acquitted u/s 256(1) Cr.P.C. Hence, ORDERED that sole accused namely, Hannan is acquitted u/s 256(1) Cr.P.C. D/C Judicial Magistrate 2nd, Islampur, Uttar Dinajpur