BHARAT ABA KEMUKAR Vs. MADHUKAR BHIKJI KAKDE

JUDGEMENT

(1.) The order of acquittal which has been unduly passed without any justification by the learned Chief Judicial Magistrate, First Class of Beed in Criminal Case No, 1560 of 1978 has been rightly challenged in this appeal. The Ippellant was the complainant in that case and the first respondent was the accused. The second respondent in this appeal is the State of Maharashtra.

(2.) The complainant had filed a complaint on 27th of November 1978, chaging the first respondent, hereinafter referred to as "the accused", with the offences punishable under sections 352 and 504 of the Indian Penal Code. On that day the learned Magistrate directed issue of summons to the accused and adjourned the case till 18th of December 1978. On the latter date the complainant was present in persons and through his advocate while it was found that summons of the accused was not issued. Therefore, a fresh order was passed directing the issue of summons to the accused which was done before the next date of hearing, namely 23rd of January 1979.

(3.) On 23rd of January 1979, the accused appeared and, filed an application for time. That application was granted. The accused executed a personal bond and a surety bond was also executed on the same day in the sum of Rs. 300. Thereafter the Court passed the following order : "Case adjourned for plea of the accused to 17th of February 1979."