PATEL NARANBHAI MOTIBHAI Vs. BARAIYA ASHABHAI DHULABHAI
HIGH COURT OF GUJARAT
PATEL NARANBHAI MOTIBHAI
BARAIYA ASHABHAI DHULABHAI
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(1.) This is an appeal filed by the original complainant against the order dated March 17 1979 passed by The learned judicial Magistrate First-Class Petlad rejecting the complaint of the original complainant on the ground that the complainant had not remained present when the matter was called out. Mr. A. J. Patel the learned Counsel for the application submits that the learned Magistrate was not justified in rejecting the application for adJournment on the ground of sickness accompanied by the medical certificate issued by a qualified medical practitioner certifying that the accused was suffering from fever and that he required to remain in bed for three days. Mr. Patel has pointed out that the complainant was very vigilant inasmuch as he remained present on every date fixed for hearing and that on the aforesaid date the complainant was prevented from remaining present in the court on account of the circumstances beyond his control. According to Mr. Patel the sick note together with the medical certificate showed that the complainant could not be blamed for remaining absent on the material date. MISS VANDNA V. TRIVEDI appearing on behalf of Mr. M. I. Patel urged that the fact that the complainant had remained prevent on all the previous days would not justify his absence on the day on which the impugned order was passed. According to her the Doctor has not been examined to prove the genuineness of the reason for absence and therefore according to her the learned Magistrate was right in rejecting the application for adjournment although accompanied by the certificate. Mr. M. A. Trivedi the learned Counsel for the State has conceded that the learned Magistrate should have accepted the application for adjournment based on the ground of sickness especially when it was accompanied by the medical certificate.
(2.) There seems to be no reason for the learned Magistrate to reject this application for adjournment on the ground of sickness especially when it was accompanied by the certificate of a qualified physician stating that the complainant was suffering from fever and was required to remain in bed. Sickness is a good and sufficient cause for not attending the Court on the day of hearing. The learned Magistrate ought to 11ave given reason for rejecting the application for adjournment supported by a medical certificate. In absence of any reason given the rejection of the application by the learned Magistrate appears to be unreasonable and deserves to be set aside.
(3.) In the result the appeal is allowed. The impugned order of the learned Judicial Magistrate First-Class Petlad rejecting the complaint of the present appellant is set aside. The trial court is directed to proceed with the complaint and dispose of the same in accordance with law. Appeal allowed.;
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