AMERICAN EXPRESS BANK LIMITED Vs. A B MANOHARAN
HIGH COURT OF DELHI
AMERICAN EXPRESS BANK LIMITED
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(1.) The complaint of the complainant was dismissed by the learned
Metropolitan Magistrate vide impugned order, since cost imposed by the learned
Metropolitan Magistrate on previous date was not deposited by the complainant
and the receipt was not filed along with process fee, so that the summons could
be served upon the accused. The learned Metropolitan Magistrate found that
several opportunities had been given to the complainant to take steps to get the
accused served, but complainant had not complied with the order and did not take
steps to serve the accused. He considered that complainant had been abusing the
process of law and wasting precious time of the Court and dismissed the
complaint for non-prosecution. On 24th May 2007, when the complaint was
dismissed neither the complainant nor the counsel had appeared, only proxy
counsel for the complainant had appeared.
(2.) It is submitted by the counsel for the appellant that his junior
counsel, who was looking after the case had left his services. Since he was
having many number of cases, he could not appear in each case personally. The
cost imposed by the Court was paid on 24th May, 2007 and a receipt was shown to
the Court. He submits that since the process fee was filed, the complaint
should not have been dismissed for the reason that cost was not paid in time.
Regarding not taking steps on earlier occasion for service of the accused, he
stated that the earlier omission was sufficiently penalized by imposing cost by
the learned Metropolitan Magistrate and the earlier occasion should not have
weighed upon the learned Metropolitan Magistrate for dismissing the complaint.
(3.) In many cases, complaints are filed and thereafter no steps are
taken for service of the accused for considerable long time. It must be kept in
mind that every time when a case is called and adjourned, precious time of the
Court is wasted, which time could be utilized by the Court for trial of the
other cases. When the Criminal Courts are so heavily burdened, wastage of few
minutes on each unnecessary adjournment matters. Every complainant, who files
a complaint is supposed to diligently pursue the complaint and cannot just
ignore taking steps for service of the accused. If the steps are not taken for
service of accused, a presumption can reasonably be drawn that the complaint was
not interested in prosecuting.;
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