Dismissing of case when the hearing was in progress
SRIPRAKASH BHATTACHARYA
(Querist) 21 September 2014
This query is : Resolved
16.09.2014
It was in 2008 when some people defamed me issuing a document duly signed that I am party to the defalcation of Rs. 60.00 lacs which took place in Coop. Hsg. Society ion the year 1978 to which I was never involved. Initially I wrote to all the signatories telling that either they should say sorry and seek and apology to me failing which I shall not any other alternative except to file acse against the. Only four persons said sorry and sought an apology in writing to me. There being no other way left with me I had filed a defamation suit u/s 500 of IPC against them in the lower court. On the first day of hearing when the Petitioner as well as all the Defends were present the Hon'ble Judge after going through my petition and hearing from the both the parties i.e. the complainant (herein me) and also the respondents (other side) found that there are sufficient ground to admit the complaint of mine. He found the responds to be guilty and accordingly released all the accused (respondents) against security and surety bond both.
Since then the hearing of the case was continued. Since inception of the case, I never had been absent in the court and given my attendance continuously. The cross examination of mine (complainant) by the advocate of defendants (respondents) was in progress and not completed too. In between two more persons wrote to me seeking apology and requesting to make them free the case. All these papers, in original have been surrendered to the Ld. Judge and have also been recorded in the proceedings.
However, it was only during the end of July, 2014, on the scheduled date of hearing, I could not appear before the Ld. Judge (from this date a new judge took the chair) since suddenly became ill due to fall in Sugar level. Here I need to mention that my wife's is a chronic patient of Diabetes including allied illness and was also hospitalized for 15 days in April, 2014. She has been undergoing treatment of a leading Diabetologist since last two decades.
Accordingly my advocate appealed and submitted an application before the Ld. Judge. In the application it was prayed to give a date sometimes in September as from July end to August middle I was also to visit ailing brother who is critically ill and stays abroad. It was not possible for me to change the dates of my visit since my Visa and Ticketing was completely ready. Without going into the merit of the case the judge fixed the next date of hearing as August 2nd, 2014 when I was out of the country.
ON August 2nd, 2014 the Ld. Judge dismissed the case u/S 200 & 256 of CrPC and now the respondents or defendants are mongering rumours that I have lost the case, which is untrue.
Here the followings need to be mentioned that:-
a. The defendants can not prove that I was ever involved in the defalcation of RS. 60.00 lacs sinc eI was never ever involved in the same.
b. In support of their defense and further to accuse me they have to produce documentary evidence.
My question to the legal brotherhood that is that:-
a. Whether the Ld. Judge can dismiss the petition without hearing me and without giving me an opportunity of the Principle of the Natural Justice?
b. If, I could not attend the hearing twice i.e. during end July and August 2nd, 2014 what crime did I commit that the case had to be dismissed whereas my hearing has remained incomplete and further the respondents have not heard at all.
C. what should be next course of action?
I shall be grateful for a kind reply/deliberation from Ld. advocates.
Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com
bhattacharyasriprakash@in.com
SRIPRAKASH BHATTACHARYA
(Querist) 21 September 2014
21.09.2014
It was in 2008 when some people defamed me issuing a document duly signed that I am party to the defalcation of Rs. 60.00 lacs which took place in Coop. Hsg. Society ion the year 1978 to which I was never involved. Initially I wrote to all the signatories telling that either they should say sorry and seek and apology to me failing which I shall not any other alternative except to file acse against the. Only four persons said sorry and sought an apology in writing to me. There being no other way left with me I had filed a defamation suit u/s 500 of IPC against them in the lower court. On the first day of hearing when the Petitioner as well as all the Defends were present the Hon'ble Judge after going through my petition and hearing from the both the parties i.e. the complainant (herein me) and also the respondents (other side) found that there are sufficient ground to admit the complaint of mine. He found the responds to be guilty and accordingly released all the accused (respondents) against security and surety bond both.
Since then the hearing of the case was continued. Since inception of the case, I never had been absent in the court and given my attendance continuously. The cross examination of mine (complainant) by the advocate of defendants (respondents) was in progress and not completed too. In between two more persons wrote to me seeking apology and requesting to make them free the case. All these papers, in original have been surrendered to the Ld. Judge and have also been recorded in the proceedings.
However, it was only during the end of July, 2014, on the scheduled date of hearing, I could not appear before the Ld. Judge (from this date a new judge took the chair) since suddenly became ill due to fall in Sugar level. Here I need to mention that my wife's is a chronic patient of Diabetes including allied illness and was also hospitalized for 15 days in April, 2014. She has been undergoing treatment of a leading Diabetologist since last two decades.
Accordingly my advocate appealed and submitted an application before the Ld. Judge. In the application it was prayed to give a date sometimes in September as from July end to August middle I was also to visit ailing brother who is critically ill and stays abroad. It was not possible for me to change the dates of my visit since my Visa and Ticketing was completely ready. Without going into the merit of the case the judge fixed the next date of hearing as August 2nd, 2014 when I was out of the country.
ON August 2nd, 2014 the Ld. Judge dismissed the case u/S 200 & 256 of CrPC and now the respondents or defendants are mongering rumours that I have lost the case, which is untrue.
Here the followings need to be mentioned that:-
a. The defendants can not prove that I was ever involved in the defalcation of RS. 60.00 lacs sinc eI was never ever involved in the same.
b. In support of their defense and further to accuse me they have to produce documentary evidence.
My question to the legal brotherhood that is that:-
a. Whether the Ld. Judge can dismiss the petition without hearing me and without giving me an opportunity of the Principle of the Natural Justice?
b. If, I could not attend the hearing twice i.e. during end July and August 2nd, 2014 what crime did I commit that the case had to be dismissed whereas my hearing has remained incomplete and further the respondents have not heard at all.
C. what should be next course of action?
I shall be grateful for a kind reply/deliberation from Ld. advocates.
Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com
bhattacharyasriprakash@in.com
Devajyoti Barman
(Expert) 21 September 2014
1. If you remain absent even after receiving the summons then the court cna proceed ex parte.
2.without seeing the order/papers it is difficult to comment upon it.
3.restore the case.
SRIPRAKASH BHATTACHARYA
(Querist) 21 September 2014
The case hearing was in progress and hearing of mine was going on, which was continued. Actually the case is continued since 2009 September. 24.07.2014 was fixed a date for cross examination of me by the respondents advocate and it was a continuation of the previous date. On 24.07.2014, I could be present due to my wife's illness as she had sudden Hyperglycemia after administration of insulin and late taking of Break Fast. Under the circumstances, my advocate who has already been given a VAKALATNAMA in the year 2009 by me appealed to the Ld. Judge. Under the influence of the respondents advocate another date 02.08.2014 for hearing(mu appearance). On this date i.e. 02.08.2014, I could not make myself present as I had to leave for abroad to visit my ailing brother. This news was known to many of the respondents to which they in association with their advocate took the advantage. I have all documents available with me in original. I want to know whether the Ld. Judge will not consider the "PRINCIPLE OF NATURAL JUSTICE" ? Secondly, the respondents can never prove in their life time that I have ever been involved in the defalcation of Rs. 60.00 lacs since I was not involved never ever.
Is it that the Ld. Judge will not use his wisdom and observe the PRINCIPLE OF NATURAL JUSTICE ? I can give the whole documents to the PRESS but it will say bad about our judiciary system.
Request to kindly go through my queries and I look forward for the free and fair guidance.
Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com
ABDUL RAZIQUE
(Expert) 21 September 2014
You may restore the case or Move to upper court for the end of Justice.
Dr J C Vashista
(Expert) 22 September 2014
Too long a query, engage a lawyer.
Rajendra K Goyal
(Expert) 22 September 2014
All the documents and case file has to be referred, consult local lawyer.
ajay sethi
(Expert) 22 September 2014
be brief and to the point . summarise your case in 2 short paras
Raj Kumar Makkad
(Expert) 22 September 2014
Post the query in very concise manner enabling the experts to pay due heed towards your problem.
T. Kalaiselvan, Advocate
(Expert) 29 September 2014
Since this is a criminal complaint, you can go for an appeal with the help of documentary evidences in your support against the dismissal order by the lower court.
