NIBU DAS Vs. POTHYS PVT. LTD

JUDGEMENT

(1.) Dated this the 19th day of March 2020 The petitioner is the defacto complainant, who has filed C.M.P.No.497/2019 on the files of the Judicial First Class Magistrate Court-I, Thiruvananthapuram, alleging the offences punishable under Section 420 of I.P.C. against the respondents therein. It is seen that on 17.01.2019, a sworn statement of the complainant was taken and thereafter one witness was also examined. Subsequently, the case was posted on several dates; but the complainant was absent and ultimately on 10.12.2019 notice was issued to the complainant, but still there was no representation, as a result of which the complaint was dismissed for default.

(2.) The complaint is for an offence punishable under Section 420 of I.P.C. and it is seen that the sworn statement of the complainant was already recorded. Statement of one of the witnesses was also recorded. Therefore, the learned Magistrate has started inquiry under Section 200 of Cr.P.C. After having proceeding with the inquiry, it was not proper on the part of the Crl.R.P.No. 357 of 2020 Magistrate for dismissing the complaint for default.

(3.) If at all the complainant was not present and further evidence was not adduced, the learned Magistrate should have considered the sworn statement and the statement of the witness on record to decide whether it could be proceeded on merits or not. Without having done so, it was improper on the part of the Magistrate in dismissing the complaint for default.