LYKA LABS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The submissions of the learned counsel appearing for the applicants were heard on 04th August 2008. As none appeared for the 2nd respondent, the judgment was not delivered on that day. Today when the application is called out none appears for the 2nd respondent.

(2.) The challenge in this application under section 482 of the Code of Criminal Procedure, 1973 is to an order passed issuing process on a private complaint filed by the 2nd respondent.

(3.) In normal course in view of the decision of this Court in the case of V. K. Jain & Ors Vs. Pratap Padode & Anr. (2005(3) Maharashtra Law Journal 778) I would have relegated the applicants to the remedy under section 397 of the Code of Criminal Procedure, 1973. However, I find that in this application filed in the year 1997, notice was issued in November 1997 and rule as issued on 22nd June 1998. Therefore, it will be unjust to relegate the parties to other remedy after lapse of 10 years and more.