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march 2013

Supreme Court of India · 2013-03-18

M/S Prime Impex Ltd.& Ors vs M/S P.E.C.Ltd.& Anr

Citation / case number
AIRONLINE 2013 SC 117
Court
Supreme Court of India
Petitioner
M/S Prime Impex Ltd.& Ors
Respondent
M/S P.E.C.Ltd.& Anr
Bench
Jagdish Singh Khehar, H.L. Dattu

Judgment text excerpt

The Supreme Court held that under Section 401(2) of the Criminal Procedure Code, 1973, a party against whom a complaint has been dismissed by a Magistrate under Section 203 has the right to be heard in a revision petition challenging that dismissal. The Court emphasized that the dismissal of a complaint results in the termination of proceedings, and thus, the accused should not be deprived of the opportunity to defend their position in the Revisional Court. The appeal was allowed, the High Court's order was set aside, and the matter was remanded for fresh disposal with a hearing opportunity for the appellants.

M/S Prime Impex Ltd.& Ors vs M/S P.E.C.Ltd.& Anr · Niyam