KISHORBHAI JENTILAL MADHVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These matters were to be notified on 15/2/2023. Since, learned advocate Mr. V.L. Thakkar has appeared before this Court today, these matters are taken up for hearing.

(2.) Learned Additional Chief Metropolitan Magistrate, Court No.28, Ahmedabad has submitted the report dtd. 8/2/2023. The same is permitted to be taken upon record. It transpires from the report that the learned Judge has verified the record and has submitted that no application has been submitted from the side of the complainant after 12/10/2018. No movement is found on the record. On 5/7/2019, the criminal case was listed before the concerned court and matter was physically available on that date. Since the complainant had failed to appear, the learned Predecessor Judge had proceeded to pass the order of dismissal due to default on part of the complainant. In such circumstances, the ground raised by the present applicant that the papers were physically not available when the matter was listed on board and matter was simply adjourned is found to be incorrect. In any case, once the matter was notified on the board irrespective of such ground, the complainant or the advocate of the complainant ought to have remained present before the court.

(3.) The Court further notices that original complaint is registered on 8/7/2016. On 6/9/2016, summons had returned unserved in absence of correct address and have remained unserved for long three years.