WIBRO CONSTRUCTION COMPANY Vs. E.K.JOSHY

JUDGEMENT

(1.) The appellant challenged the order dtd. 20/6/2017 passed in the Criminal Appeal No.OA/446/NIA/2015/B passed by the learned Judicial Magistrate, First Class, Ponda on the premise that the learned Trial Court had totally ignored the fact that the appellant was otherwise diligent in the pursuit of his matter and that on a particular date he had instructed his advocate to seek a long date and that he would make alternate arrangement for the matter to be conducted at his instance. However on the scheduled date the advocate in question had taken a short date and which was not informed to him and on that count he was not able to appear before the learned Trial Court. There was no reason for the learned Judicial Magistrate, First Class to hastily conclude that the complainant was not interested in the pursuit of the matter and to dismiss the complaint for non prosecution.

(2.) It was further the contention of Ms. Asha Dessai, learned Advocate for the appellant that the appellant was always diligent in pursuing his case and it was a case where he had taken positive decision to withdraw the cases from his advocate and to engage another advocate to successfully steer his cases. There was no basis for the learned Judicial Magistrate, First Class to hold that he was not diligent in the pursuit of his case and hence the impugned order was required to be quashed and set aside.

(3.) Shri O. Kulkarni, learned Advocate for the respondent submitted that the appellant was not at all diligent in the pursuit of the matter and therefore, there was no basis to quash the impugned order.