NULSI WADIA Vs. PHIROZE J. DASTUR AND OTHERS

JUDGEMENT

(1.) The appellant is the original complainant. He had filed a complaint against respondent nos.1, 2 and 3 herein. Respondent nos.1 and 2 were summoned to appear and to answer to the charge of an offence punishable under Section 500 of the IPC read with Sections 34 and 109 of the IPC. Respondent no.3 was summoned to appear and to answer to the charge of the offences punishable under Sections 500 and 501 of the IPC read with Section 34 and/or Section 109 of the IPC. By an order dated 10th February 2000, the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, acquitted the respondents under the provisions of Section 256 of the Code of Criminal Procedure (Code). The complainant has, after obtaining special leave of this Court, filed the present Appeal challenging the said order of acquittal.

(2.) The Appeal was listed for final hearing yesterday. When it was called out, none appeared for the appellant. The matter was kept back for some time, and again called out, but at that time also, the counsel for the appellant was absent. The Appeal, therefore, was heard in the absence of the counsel for the appellant. After going through the Appeal Memo and the annexures thereto, and after hearing Mr.Prakash Naik, learned counsel for respondent nos.1 and 2, an order dismissing the Appeal was pronounced in the morning session.

(3.) However, before the order could be transcribed, the matter was mentioned by the learned counsel for the appellant, praying that he be heard in the matter. In the presence of the counsel for both the parties, it was decided that the matter be placed on board today, and would be heard afresh.