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Communication gap between party and advocate held to be sufficient reason for non-appearance

In Ambaji Ganu Gurav v. Sachin Chandrakant Narkar, the appellant had lodged a complaint against the respondent alleging the commission of various offences but when the matter was posted for recording of appellant’s evidence, he did not appear for three consecutive dates. The respondent moved an application under Section 256 CrPC which was allowed by the trial court and therefore the complaint was dismissed for want of prosecution. This order of the trial court was impugned in the instant appeal.

The Bombay High Court perused the record and considered the submissions made by the parties. Although the counsel for the respondent-accused vehemently opposed; however, the Court was inclined to remand the matter back to trial court for a decision on merits. It was observed that primary function of the Court is to adjudicate the dispute on its own merit rather adhering to technicalities of law. On perusal of the roznama, the High Court was satisfied that the appellant was diligent in prosecuting his case. The reason stated for non-appearance was stated to be communication gap between the appellant and his advocate, which found favour with the Court. Hence, the order impugned was set aside and the complaint was restored to the file of the trial court for deciding the same in accordance with law.

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