SHITANSHU SHARMA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Challenging his conviction under Section 350 of the Code of Criminal Procedure (in short Cr.P.C.) and sentencing him to pay a fine of Rs.100/- by the impugned order dated 12th February, 2016 the appellant prefers the present appeal under Section 351 Cr.P.C.

(2.) The impugned order dated 12th February, 2016 reads as under:

(3.) A perusal of the record reveals that though the order dated 18th December, 2015 summoned the appellant, however the notice sent from the Court through the concerned SSP to the holding I.O., CBI/ACB/DLI, New Delhi i.e. Shitanshu Sharma directed him to verify the death of witness Shri N.V. Rao, Accounts Manager, Prentice Hall of India Pvt. Ltd. 474/6, Patparganj Industrial Area, Delhi and the verification be submitted before the Court on 18th January, 2015 at 10 O'clock. Since the notice received by the appellant did not record the requirement of his personal appearance in the Court, the conviction of appellant under Section 350 Cr.P.C. and imposition of fine of Rs.100/- is unwarranted and is thus set aside.