MILINDBHAI S GODBOLE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original complainant has preferred this appeal under section 378 of the Criminal Procedure Code, challenging the order dated 12/9/2006 passed by learned Metropolitan Magistrate, Court No.11, Ahmedabad in Criminal Case no. 358 of 2002, dismissing the complaint on account of absence of the complainant and his advocate.

(2.) THIS Court (Coram: S.R. Brahmbhatt, J) granted leave and admitted the appeal, and it was fixed for final disposal on 24/1/2007. This matter was required to be adjourned on account of absence of learned counsel for the respondent/accused. However, today it has been taken up for hearing.

(3.) THE brief facts leading to filing of this appeal deserve to be set out as under: