TMI Blog1997 (12) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... when a different person can represent the company e.g. the particular person who represents the company at the first instance may either retire for, the company's service or may otherwise cease to associate therewith or he would be transferred to a distant place. In such cases it would be practically difficult for the company to continue to make the same person represent the company in the court . In any such eventuality it is open to the de jure complainant company to seek permission of the court for sending any other person to represent the company in the court. At any rate For those reasons we are not persuaded to uphold the contention that Section 247 of the old Code (or Section 256 of the new Code) is not applicable in a case where the complainant is a company or any other justice person. However, as we have taken the view that the magistrate should not have acquitted the respondent under Section 247 of the old Code on the facts of this case we allow the appeal and set aside the order of acquittal as well as the impugned judgment of the High Court. The prosecution would now proceed from the stage where it reached before the order of acquittal was passed. - CRL.A. 1239 OF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ortune in his family as his brother was involved in a motor accident on 23-8-1996 and was subjected to an operation, and due to such circumstances Shri J.S.Johal could not attend the court for three days preceding 25-8-1996. It was also mentioned in the appeal petition that the aforesaid Puneet Aggarwal had in fact left jallandhar for attending the court at Jammu on 23- 8-1996, but he could not reach Jammu as motor traffic on the National Highway became paralyzed due to incessant rains which lashed the region continuously for 2 days, and that Puneet Aggarwal never knew that the case was posted to next day and hence his absence on 24-8-1996 was absolutely unintentional. Learned single judge of the High Court did not take into account any of the above facts and was not persuaded to interfere with the acquittal as the adopted a "grammatical construction" of Section 247 of the old Code in the following words: "on a grammatical construction of Section 247 the intention of the legislature becomes clear. Non- appearance of the complainant, after summons are issued, according to that intention, may result in acquittal of the accused." On the above premise learned single ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The Court s concert only will be, as to whether or not the order impugned is fraught with any illegality or impropriety." It appears that learned single judge has equated appellate powers with reversional powers, and that the core difference between an appeal and a revision has been overlooked. It is trite legal position that appellate jurisdiction is coextensive with original court's jurisdiction as for appraisal and appreciation of evidence and reaching findings on facts and appellate court is free to reach its own conclusion on evidence untrammeled by any finding entered by the trial court. Reversional powers on the other hand belong to supervisory jurisdiction of a superior court. While exercising reversional powers the court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of is jurisdiction vested in it. Though the difference between the two jurisdictions is subtle, it is quite real and has now become well recognised in legal provinces. In State of Kerala vs. K.M. Charia Abdullah Co. (AIR 1965 SC 1585) this Court has highlighted the difference between the two jurisdictions in the fol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally worded, but there is a slight difference between the provisos under the two sections. The proviso to section 230 of the new code is reproduced here: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the magistrate is of Opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case." What was the purpose of including a provision like Section 247 in the old code (or section 256 in the new Code). It affords some deterrence against dilatory tactics on the part of a complainant who set the law in motion through his complaint. An accused who is per force to attend the court on all posting days can be put to much harassment by a complaint. An accused who is per force to attend the court on all posting days can be put to much harassment by a complainant if he does not turn up to the court on occasions when his presence is necessary. The Section, therefore, affords a protection to an accused against such tactics of the complainant. But that does not mean if the complainant is absent, court has a duty to acquit the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... new. Any person can set the law in motion except in cases where the statute has specifically provided otherwise. The word "person" is defined in the Indian Penal Code (Section 11) as including "any company or association or body of persons whether incorporated or not". By virtue of Section 2(y) of the new Code words and expressions used in that Code but not defined therein can have the same meaning assigned to them in the Penal Code. Thus when the word "person" is specifically defined in the Penal Code as including a company that definition can normally be adopted for understanding the scope of the word "complainant". However, the definition clauses subsumed in Section 2 of the new Code contains the opening key words that such definitions are to be adopted "unless the context otherwise requires". We have, therefore, to ascertain whether and company or association of persons or body corporate can be a complainant as per the new Code as for all practical purposes, looking at different contexts envisaged therein, Chapter XV of the new Code contains provisions for lodging complaints with magistrates. Section 200 as the starting provision of that chapter enjoins on the magistrate, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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