MARUTI UDYOG LTD Vs. CLASSIC MOTORS LTD

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the order dated 16.9.2004 which reads as under: Maruti Udyog v. Narender Anand 16.09.2004 Called again after lunch it is 3.23 p.m. Present: Accused No. 1 and 2 on bail with counsel sh. G.S.Sharma Since morning none has appeared for the complainant despite repeated calls. Similar was the position on the last two dates. The matter had been today for the evidence of complainant. On account of non appearance of the complainant, accordingly the complaint is dismissed under section 256 Cr PC. Accused stand acquitted. Sureties discharged. File be consigned to record room. sd/- MM

(2.) It is submitted by the appellant that the complaint of the appellant pending before Metropolitan Magistrate as per administrative order of High Court the was transferred to Ms. Ina Malhotra, ASJ for adjudication under High Court order. Before the Court of ASJ notice under Section 251 Cr.P.C. was framed against the accused and the matter was adjourned for appellant evidence. In the meanwhile, as per the directions of High Court, the matter was transferred back to the learned Metropolitan Magistrate for adjudication. However, counsel for the appellant lost track of the matter after its transfer to Metropolitan Magistrate and could not carry forward the case in his diary, hence he could not appear before the learned Metropolitan Magistrate on 28.1.2004, 15.5.2004 and 16.9.2004, three consecutive dates of hearings. The matter was dismissed on 16.9.2004

(3.) It is submitted that non-appearance of the appellant and his counsel before the learned Metropolitan Magistrate was due to the above reason, it was neither intentional nor willful. No notice was served upon the appellant after transfer.