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2012 (12) TMI 513 - MADRAS HIGH COURTComplaint has been filed by the Revision Petitioner/Complainant under Section 135(1)(9)(i) of the Customs Act, 1962 - held that:- A reading of the ingredients of Sub Section 2 of Section 245 of Cr.P.C. clearly shows that the Learned Judicial Magistrate is not clothed with an arbitrary power of discharge. As a matter of fact, there ought to be a ground or material on record to come to any favourable conclusion that no offence has been made. On going through the order of discharge passed by the trial Court in C.C.No.1228 of 1992 under Section 245 Cr.P.C., this Court is of the considered view that even though it has been observed in the order that for nearly 18 years no progress has taken place in the main case, inspite of numerous notices sent and also that the Petitioner/Complainant has not appeared before the Court and also not produced witnesses, this Court has to bear in mind an important fact that even though the complaint in question has been filed by the Complainant/Petitioner on 27.10.1992 and taken on file by the trial Court on 01.12.1992, for nearly 52 hearings or for nearly 19 years, the Respondent/ Accused has absconded and in any event, the order of discharge passed by the trial Court is only an automatic or a routine one and further, the said order of discharge passed by the trial Court is not a Judicious one considering the gravity of offence alleged. Moreover, when the offence alleged against the Respondent/Accused under Section 135(1)(a) of the Customs Act is of serious nature, then, the non-appearance of the Complainant/ Petitioner (Economic offence - cognizable and non-compoundable) for one or two days, may not matter much. - Decided against the accused / assessee.
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