The Supreme Court of India granted leave to hear Criminal Appeal Nos. 657-664 of 2023 arising from SLP (Criminal) Nos. 867-874 of 2020 filed by M/s. BLS Infrastructure Limited against the order of the Metropolitan Magistrate-04 dismissing the criminal complaints against M/s. Rajwant Singh & Others for non-appearance of the complainant.

The short question was whether the Magistrate was right in dismissing the criminal complaints even though the complainant’s statement had been recorded and evidence had been closed with the direction to list the matter for recording of defence evidence.

The appellant’s counsel argued that the Magistrate had failed to notice that there existed evidence on record enabling the matter to proceed even in the absence of the complainant under the proviso to sub-section (1) of Section 256 of the Code of Criminal Procedure, 1973. The matter was heard, and the order was reserved.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.