AMAR SINGH TYAGI Vs. INDRA PAL GAUTAM

JUDGEMENT

(1.) The question that has been raised in this revision is whether the notice issued by the learned Magistrate directed against the present Managing Director of Kisan Sewa Sahkari Samiti Limited who did not respond on the final report submitted by police, could be considered as sufficient.

(2.) The first information report was lodged by Indra Pal Gautam, the then Managing Director of the said Samiti alleging defalcation of money by the accused-revisionist and a case was started under Section 409, I.P.C.

(3.) The learned Magistrate issued notice to the complainant after the final report was filed and when he did not appear, accepted the final report. The order sheet dated 27-2-1993 runs thus : "Notice was issued to the complainant who is a Government servant. It was served but he did not attend the Court. In these circumstances the F.R. is accepted."