GUJARAT STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANKLTD THRO NAJIMMIYA GULAMNABI SHEKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Amit R.Joshi, learned advocate for the appellant submits that the challenge is given to the order dtd. 21/1/2021 passed by 4th Additional Judicial Magistrate, First Class, Himatnagar, dismissing the Criminal Case No.5855 of 2015 for default under sec. 256 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C ').

(2.) Mr. Joshi submits that the learned trial Court Judge has seriously erred in not considering the pandemic situation, which was beyond the control of the appellant, and further the office of the appellant as Gujarat State Cooperative Agriculture and Rural Development Bank Ltd. has remained closed because of prevailing circular at the relevant time issued by the Government; the dismissal on the face of it, is bad in law.

(3.) Speedy trial is a fundamental right of the accused; at the same time, every person has right to be heard on merits, is a principle to be adopted by way of principle of natural justice; no case should be condemned unheard. Sec. 256 Cr.P.C. makes provisions that in case, on the complaint, summons is issued for the appearance of the accused and on the day appointed, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall have the authority to acquit the accused, unless for some reason he thinks it proper to adjourn the case to some other day; at the same time, sub-sec. (1) of sec. 256 Cr.P.C. is supported by a proviso which clarifies that when the complainant is represented by pleader or by the officer conducting the prosecution or when the Magistrate is of the opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense his attendance and prosecute with the case.