S. RAMA KRISHNA v. S. RAMI REDDY (D) BY HIS LRS. & ORS

Citation: [2008] 6 S.C.R. 1236

Court: Supreme Court of India

Bench: S.B. SINHA, LOKESHWAR SINGH PANTA

Case summary

S. RAMA KRISHNA v. S. RAMI REDDY (D) BY HIS LRS. & ORS.pdf

Judgment text

[2008) 6 S. C. R. 1236 S. RAMA KRISHNA v. S. RAMI REDDY (D) BY HIS LRS. & ORS. (Criminal Appeal No. 755 of 2008) APRIL 29, 2008 [S. B. SINHA AND LOKESHWAR SINGH PANTA, JJ. ] •( Code of Criminal Procedure, 1973 - ss. 256 and 378 - Criminal proceedings for dishonour of cheque - Acquittal of accused by magistrate in view of absence of the complainant in the proceedings for a long period - High Court setting aside acquittal - On appeal, held: Magistrate had rightly acquitted the accused in exercise of its discretionaryjurisdiction - High Court was not right in interfering therewith in exercise of its jurisdiction uls 378 - Speedy trial is fundamental right of the accused - Orders passed by competent court of law and the 1' provisions of Cr. PC. must be construed having regard to the Constitutional Scheme and legal principles - Interpretation of Statutes - Constitution of India, 1950 - Article 21 - Negotiable Instruments Act, 1881- s. 138 rlw s. 142. Proceedings u/s 138 r/w s.

142 of Negotiable Instruments act, 1881 were initiated on the complaint of the respondent. After death of the original complainant, though application for substitution was filed, no order was passed in the application. As the legal heirs of the complainant remained absent on the dates of hearing of " the matter for a long period, the Magistrate acquitted the appellant-accused in exercise of his jurisdiction uls 256 Cr. P. C. High court set aside the order of acquit1al holding that the court should not have decided the case on technicalities. However, High Court found that it was the complainant's legal heirs who were interested in getting ... the matter prosecuted. Hence the present appeal. Allowing the appeal, the Court S. RAMA KRISHNA v. S. ~Ml REDDY (D) BY HIS 1237 LRS. & ORS. HELD: 1. 1 The provisions of Section 256 (1) Cr. P. C. mandate the Magistrate to acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case.

If an exceptional course is to be adopted, it must be spelt out. The discretion conferred upon the Magistrate, however, must be exercised with great care and caution. The conduct of the complainant for the said purpose is of > immense significance. He cannot allow a case to remain pending for an indefinite period. The matter remained pending for more than five years. It was obligatory on the part of the respondents to press their application for substitution. They did not file attendance of their witnesses. The case was fixed for hearing. [Paras 8 and 10) [1241-A-B; 1240-F-G] 1. 2 Appellant had been attending the court for a long time, except on some dates when remained absent or was . , otherwise represented by his Advocate. He attended the court on not less than 20 occasions after the death of the original complainant. If in the aforementioned situation, the Magistrate exercised his discretionary jurisdiction, the same, should not have been ·ordinarily interfered with.

[Para 10) [1241-C-D] 2. 1 The High Court was exercising its jurisdiction under sub-Section (4) of Section 378 Cr. P. C.. The appeal preferred by the respondents was against a judgment of acquittal. The High Court should have, therefore, > exercised its jurisdiction keeping in view the limited role it had to play in the matter. The High Court failed to take into consideration the fact that it was dealing with an order of acquittal and, thus, the principle of law which was required to be applied was that, if two views are possible, a judgment of acquittal should not ordinarily be interfered with. [Paras 11and12] [1241-E, G-H] o ~ spelt out. The discretion conferred upon the learned·Ma€Ji~tr'ate, h·owever,'must be exercised with great care and caution. ithe conduct of the complainapt fo. ~ t. he said p\Jrpose i~ ofi}m. IJ1~~se. significance. He cannot allow a case to remain pe. o. qiqg. for an inde. fini~e . ,~•. - ·~. ':J•1,), _. _. ,,. ~ ,.. ·" . <'' period.

Appellant had been attending the court for a long time, except ot'I some 'dates where when remaini:! d absent or was otherwise represented by his Advocate. ' •· ·· ·· . He had tb•-remain present in court. He attended the court on not less than 20 occasions after the death of the original complainant. If in the aforementioned situation, the learned Magistrate exercised his discretionary jurisdiction, the same, in our opinion, should not have been ordinarily interfered with. 11. The High Court was exercising its jurisdiction under sub-Section (4) of Section 378 of the Code of Criminal Procedure. The appeal preferred by the respondents was against a judgment of acquittal. The High Court should have, therefore, exercised its jurisdiction keeping in view the limited role it had to play in the matter. 12. The High Court itself had come to the finding that the respondents were not interested in getting the matter prosecuted. Despite the same, it allowed their appeal, opining ) ..

that any lis between the parties should be decided on merits rather than on technicalities. On what basis such a statement of\ law was made is not known. No precedent was cited; no reason has been assigned. The High Court failed to take into consideration the fact that it was dealing with an order of acquittal and, thus, the ·~ principle of law which was required to be applied was that, if two views are possible, a judgment of acquittal should not ordinarily be interfered with. There exists a distinction between a civil case and a criminal case. Speedy trial is a fundamental right of an accused. The orders passed by the competent court of law as also the provisions of Code of Criminal Procedure must be construed having regard to the Constitutional scheme and the legal principles in mind. 13. The High Court, in our opinion, therefore, misdirected itself in passing the impugned judgment. It can therefore not be sustained. We set aside the order of the High Court accordingly.

The Appeal is allowed. K. K. T. Appeal allowed. ..