JAYASHREE MAHENDRA DHOLAKIA Vs. MAHENDRA PANACHAND DHOLAKIA

JUDGEMENT

(1.) THIS application arises out of the Complaint filed by first respondent before the Additional Chief Metropolitan Magistrate's 37th Court, Esplanades, bearing case No.211/s of 1991 alleging that the petitioner have committed offence under Section 406 read with Section 34 I. P. C. The learned Magistrate took the cognizance of the complaint and issued process against the Petitioner.

(2.) NEITHER the petitioner nor his counsel is present. Respondent No.1 and his counsel also absent. Mr. S. G. Deshmukh, Addl. P. P. appeared for Respondent No.2 State.

(3.) IN the circumstances. I do not find any justification on the part of the Magistrate to take cognizance and issue process against the petitioner.