JAGDISH BAGRI Vs. RAJENDRA KUMAR LUHARIWALA

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the order passed by a learned Single judge of the Calcutta High Court dismissing the application filed under section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short the 'code' ). Challenge in the Criminal Revision Petition was to the order passed in Criminal Appeal No. 2 of 2004 by learned Additional sessions Judge, Asansol confirming the judgment and order of conviction and sentence dated 22. 4. 2004 passed by learned Additional Chief Judicial magistrate, Asansol.

(3.) LEARNED counsel for the respondents on the other hand submitted that on two dates the appellant did not appear and, therefore, the Court had no option but to dismiss the revision petition on merits. It appears from the records that case was filed in 2005 and was listed on 17. 3. 2008 for the first time and on the next day it was dismissed for non prosecution.