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Kuttiyali Vs. Pari Makri and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad356
AppellantKuttiyali
RespondentPari Makri and ors.
Excerpt:
criminal procedure code, section 247 - acquittal--absence of prosecutor when case called on--subsequent appearance on same day. - section 16 (1) (c) :[tarun chatterjee & aftab alam,jj] ready and willing to perform-concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - buyers failing to pay balance consideration before agitating matter before supreme court held, concurrent finding cannot be interfered with. section 20: [tarun chatterjee & aftab alam,jj] whether time is the essence of contract held, many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. clear condition in contract that purchasers would.....hutchins, j.1. the only point raised in this case is that a magistrate, before acquitting an accused person under section 247 for the complainant's default of appearance, is bound to wait till his court is about to close for the day. i can see no foundation for this contention. the case was called on at 1-30, and it is admitted that the complainant was not present. thereupon, the magistrate was bound by section 247 to acquit the accused, 'unless for some reason he thought proper to adjourn the hearing to some other day, 'or to a later hour on the same day.2. i see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.
Judgment:

Hutchins, J.

1. The only point raised in this case is that a Magistrate, before acquitting an accused person under Section 247 for the complainant's default of appearance, is bound to wait till his Court is about to close for the day. I can see no foundation for this contention. The case was called on at 1-30, and it is admitted that the complainant was not present. Thereupon, the Magistrate was bound by Section 247 to acquit the accused, 'unless for some reason he thought proper to adjourn the hearing to some other day, 'or to a later hour on the same day.

2. I see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.


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