ARUN KUMAR SHARMA Vs. STATE & ORS.

JUDGEMENT

(1.) DESPITE a pass over, none has appeared for respondent no. 2. Accordingly, this Court has no other option but to proceed ahead with the matter. It is pertinent to mention that a Division Bench of this Court in the case of Hindustan Domestic Oil and Natural Gas Co. (Bombay) Ltd. and Ors. Vs. State and Anr., Crl. M.C. 1737/2011 (reported in : 2012 (4) JCC 2310) decided on 3rd August, 2012 has held that in revision notice under Section 401(2) Cr.P.C. is not mandatory to the respondent in case where revision has been filed challenging the order of dismissal on account of default and for non -prosecution. The relevant portion of Hindustan Domestic Oil and Natural Gas Co. (Bombay) Ltd. and Ors. (supra) is reproduced hereinbelow: - -

(2.) KEEPING in view the aforesaid judgment, in fact, no notice is required to be issued to respondents. However, it is pertinent to mention that in the present case respondent -company has already stand served.

(3.) REGISTRY is directed to number the appeal.