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CR.A/175/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 175 of 2010
=========================================================
FALGUN
CHIMANBHAI PATEL CHAIRMAN & MANAGING DIRECTOR - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Opponent(s)
=========================================================
Appearance
:
MR
RAJESH K KANANI for
Appellant(s) : 1,
PUBLIC PROSECUTOR for Opponent(s) : 1,
MR
NANDLAL THAKKAR for Opponent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 10/08/2010
ORAL
ORDER
Appellant
is the original complainant. He has filed a criminal case against
respondent No.2 herein. The case was filed before the learned Chief
Judicial Magistrate, Ahmedabad being Criminal Case No.242 of 2003.
The learned Magistrate decided to hold court inquiry under section
202 of the Criminal Procedure Code. Later on process was issued
against the accused. Thereafter, the learned Magistrate passed the
impugned order dated 5.2.2005 by dismissing the complaint under
section 256(1) of the Criminal Procedure Code on the ground that the
complainant was not present for the whole day and did not appear
though the matter was called out several times.
Counsel
for the appellant submitted that on all previous occasions, the
complainant was remaining present. He remained absent only on one
day, that too on account of bonafide misunderstanding on the part of
his advocate. The case was fixed on 5.2.2005, but the date of
7.2.2005 was communicated to him by his advocate. He, therefore,
remained present on 7.2.2005 upon which he and his advocate learnt
that on 5.2.2005 the case was already dismissed.
Considering
the above aspects of the matter, when I find that only on one
occasion, that too for valid reason and because of bonafide
misunderstanding, the appellant was unable to remain present before
the court, in the interest of justice, the order dated 5.2.2005 is
set aside. The proceedings are remanded for further consideration
and disposal in accordance with law. The appeal is accordingly
disposed of.
(Akil
Kureshi, J.)
(vjn)
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