DCM FINANCIAL SERVICES LTD Vs. HOTEL SERVICES

JUDGEMENT

(1.) This appeal has been preferred against the order dated 6th May, 2006 which reads as under:-

(2.) It is submitted in the appeal that on 6th May, 2006 there were five matters listed before the learned Trial Court in which one item was 20A and rest of the items were listed as items 38 to 41. Learned Counsel for the appellants under the impression that the matter would be called around 11 AM, went to attend some other matters in different courts. However, after attending the matter listed before other courts, when the Counsel with authorised representative of the appellant reached the Trial Court to attend all five matters, he learned that the Trial Court has dismissed four out of the five matters for non-prosecution at about 11.00 AM despite the fact that prior to this date the appellant and his Counsel were regularly appearing. It is submitted that non-appearance of the Counsel for the appellant on 6th May, 2006 in the early hours of the day was due to this reason that the Trial Court should have either passed over the matter and given a second call or should have adjourned the matter exercising discretion under Section 256 Cr.P.C.

(3.) The order of the Trial Court shows that the Trial Court did not put the time for dismissal of the complaint nor it seems that the Trial passed over the matter when the appellant did not appear at the call,