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STATE BY versus PERIYASAMY

High Court of Madras

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State by v. Periyasamy - Criminal Appeal No.424 of 1997 [2007] RD-TN 2117 (28 June 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 28/06/2007

CORAM:

THE HONOURABLE MR.JUSTICE P.MURGESEN

Criminal Appeal No.424 of 1997

State by

Sub Inspector of Factories,

Sivakasi

rep.by the Public Prosecutor

High Court, Madras .. Appellant

Vs.

Periyasamy .. Respondent Prayer: This Criminal Appeal is filed under Section 378 of Criminal Procedure Code to against the judgment passed by the learned Additional District Judge- cum-Chief Judicial Magistrate, Srivilliputhur in S.T.C.No.176 of 1995 dated 31.05.1996.

For appellant ... L. Murugan, G.A.(Crl. Side) For Respondent ... V. Kathirvelu :JUDGMENT



This Criminal Appeal is directed against the judgment passed by the learned Additional District Judge-cum-Chief Judicial Magistrate, Srivilliputhur in S.T.C.No.176 of 1995 dated 31.05.1996.

2. A complaint was instituted by the appellant against the accused under Section 27(2) read with 23(B) of Minimum wages Act.

3. On 31.05.1996, the accused was absent. The petitioner also was absent. The learned Additional District Judge-cum-Chief Judicial Magistrate, Srivilliputhur acquitted the accused under Section 256(1) Cr.P.C. He was of the considered view, though many summons were sent to the accused, he did not appear and the complainant was also absent.

4. Aggrieved against the order of acquittal passed by the learned Judicial Magistrate, the present Criminal Appeal has been preferred by the appellant.

5. The learned counsel for the appellant submitted that a Non Bailable Warrant was pending against the accused in this case for a long period. Perusal of records would show that on the date of order also, the accused did not appear before the trial Court. On that day, i.e., 31.05.1996, the petitioner was also absent and hence the learned Additional District Judge-cum-Chief Judicial Magistrate, Srivilliputhur acquitted the accused under Section 256(1) Cr.P.C.

6. In this case, the presence of the complaint is not necessary on that day. But, from the date of filing till the date of order, the accused did not appear.

7. The learned Additional District Judge-cum-Chief Judicial Magistrate, ought to have adjourned this case to some other day or take steps to secure the presence of the accused.

8. In this case is concerned, we can decide the case in the light of decision of the Hon'ble Supreme Court of India in Associated Cement Co. Ltd. Vs. Keshvanand reported in (1998)1 Supreme Court Cases 687.

9. It is also observed by the Honourable Justice Krishnayyar that "the wages of procedural sin shall not be at the cost of right of parties".

10. Following the above observations, I am of the view that one more opportunity can be given to the appellant/complainant.

11. Hence considering the case on hand, I find the order of the trial Court is liable to be set aside and accordingly the Criminal Appeal is allowed and the order of the learned Additional District Judge-cum-Chief Judicial Magistrate, Srivilliputhur in S.T.C.No.176 of 1995 dated 31.05.1996 is set aside and the case is remanded to the trial Court for fresh disposal without being influenced by any of the observations made in this Court. To

1.The Additional District Judge-cum-Chief

Judicial Magistrate,

Srivilliputhur




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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