PUNJAB STATE WAREHOUSING CORPORATION FARIDKOT versus M/S SH. DURGA JI TRADERS & ORS.

PUNJAB STATE WAREHOUSING CORPORATION FARIDKOT versus M/S SH. DURGA JI TRADERS & ORS.

Availability of alternative remedy of filing an appeal is not an absolute bar to entertaining a petition under Section 482 CrPC. The High Court ought to have exercised its jurisdiction to prevent miscarriage of justice, as the trial court dismissed the complaint on a technical ground though exemption from personal appearance was in force. Rejection under Section 482 resulted in miscarriage of justice; complaint must be restored for trial on merits.

Parties
Appellant: Punjab State Warehousing Corporation, Faridkot; Respondents: M/S SH. Durga Ji Traders & Ors.
Jurisdiction
India
Judgment Date
28 November 2011
Procedural Posture
Criminal Appeal / Appeal From High Court Order Dismissing Petition Under Section 482 Cr PC
Outcome
Appeal allowed
Legal Topics
Inherent Powers of High Court, Dismissal of Complaint for Default, Exemption From Personal Appearance, Service of Summons
Criminal Law Criminal Procedure Inherent Powers of High Court Dismissal of Complaint for Default Exemption From Personal Appearance Service of Summons

Case Brief

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Parties

Punjab State Warehousing Corporation, Faridkot

Appellant

M/S SH. Durga Ji Traders & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Order Dismissing Petition Under Section 482 Cr PC

Legal Issues

  1. 1 Whether the High Court was justified in declining to exercise jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 due to the availability of an alternative remedy.
  2. 2 Whether an order of exemption from personal appearance becomes redundant if the complainant later appears in person.
  3. 3 Whether refusal to accept summons amounts to service.

Ratio Decidendi

Availability of alternative remedy of filing an appeal is not an absolute bar to entertaining a petition under Section 482 CrPC. The High Court ought to have exercised its jurisdiction to prevent miscarriage of justice, as the trial court dismissed the complaint on a technical ground though exemption from personal appearance was in force. Rejection under Section 482 resulted in miscarriage of justice; complaint must be restored for trial on merits.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court and orders of Chief Judicial Magistrate dated 18th February 2003 and 9th November 2005 are set aside.
  • The criminal complaint filed by the appellant is restored to the file of Chief Judicial Magistrate.