High Court allows criminal appeal, remands case for further proceedings due to accused's non-appearance.

The High Court allowed the criminal appeal, setting aside the impugned order of dismissal and acquittal. The case was remanded to the trial court for further proceedings as the accused had not appeared in the matter, and the dismissal under section 256 of the Code of Criminal Procedure was premature. The trial court was directed to proceed if the appellant appeared; otherwise, appropriate orders were to be passed.

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Issues:
Challenge to impugned order of dismissal and acquittal under section 256 of the Code of Criminal Procedure.

Analysis:
The appellant challenged the order dated 15.12.2015, where the complaint was dismissed, and the accused acquitted due to failure to serve the accused under section 256 of the Code of Criminal Procedure. The appellant contended that necessary steps were taken to serve the respondent/accused, but he deliberately avoided accepting the service. The complaint was filed under section 138 of the Negotiable Instrument Act, and the process was initiated against the accused. However, the notice sent through Reg. Post. A.D was refused by the person at the address, leading to the complaint's dismissal.

The impugned order was found unsustainable as the stage had not reached to exercise power under section 256 of the Code of Criminal Procedure. The order of dismissal and acquittal under section 256 can only be passed after the accused has appeared in the matter, which did not happen in this case. The case was at the stage of serving the summons, and in default, the complaint could have been dismissed under section 204(4) but not under section 256. Thus, the impugned order was set aside, and the case was remanded to the trial court for further proceedings.

The High Court allowed the criminal appeal, setting aside the impugned order of dismissal and acquittal. The case was restored to its original number, and the trial court was directed to proceed further if the appellant appeared and took necessary steps. If the appellant failed to appear, appropriate orders were to be passed by the trial court. The record and proceedings were to be sent back to the trial court, and the appeal was disposed of accordingly.

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