SHINESHILPI JEWELLERS PVT. LTD Vs. VIMAL PRAKASHJAIN

JUDGEMENT

(1.) Heard learned Advocate for the Applicant-complainant and learned Advocate for Respondent No.1-accused.

(2.) The core issue involved in this appeal is whether the Trial Court was justified in exercising the discretion under the provisions of Sec. 256 of the Code of Criminal Procedure when the complainant has not remained present on two dates at the stage of recording the evidence.

(3.) The Court of Metropolitan Magistrate, 28th Court, Mumbai as per order dtd. 17/9/2022, was pleased to dismiss the complaint for non appearance of the complainant by taking recourse to the provisions of Sec. 256 of the Code of Criminal Procedure. The complainant intends to prefer an Appeal, that's why leave is sought. If the leave is granted, the Appeal will be admitted. If the leave is refused, the Appeal will not be admitted. The complaint was dismissed at pre-trial stage. So the issue can be decided only on the basis of the documents which are filed before this Court.