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SRIPRAKASH BHATTACHARYA (RETIRED)     16 September 2014

What the rule book says ?

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



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