INDIA FINTRADE LTD Vs. CHERRY FASHIONS LTD

JUDGEMENT

(1.) By the order dated 20th February, 2009, this court directed that the application and/or appeal will be heard at the stage of admission. Accordingly, the same is taken up for final dismissal. The applicant is the complainant in a complaint filed against the respondent Nos. 1 to 4 alleging commission of offence under section 138 read with section 141 of the Negotiable instruments Act, 1881 (hereinafter referred to as the said Act ). The process was issued on the said complaint. By order dated 16th July, 2007, the learned Special metropolitan Magistrate purportedly exercised the power under section 256 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code ). The learned Magistrate by the impugned order dated 16th July, 2007 acquitted the 1st to 4th respondents-accused.

(2.) The learned counsel appearing for the applicant has placed reliance on roznama of the complaint. He pointed out that on 11th June, 2005 the learned magistrate passed an order for issuing summons by publication as against the accused Nos, 1 and 4. He pointed out that in terms of the order dated 11th June, 2005, publication of notice was made. He has placed reliance on the publication of notice of accused Nos. 1 to 4 in daily "free Press Journal" dated 04th July, 2005 and Gujarati daily "janmabhumi" dated 04th July, 2005. The xerox copies of the relevant cuttings of the newspapers have been annexed. Inviting my attention to the roznama of the proceedings; he stated that case was adjourned on many occasions as the Court was vacant. He submitted that the applicant was diligently prosecuting the complaint and there was no default on the part of the applicant. He submitted that the ground on which the impugned order is passed by the learned Magistrate is completely erroneous.

(3.) In paragraph 2 of Chapter III of the Criminal Manual the format of roznama has been prescribed. In the present case the roznama is not maintained in a chronological order. On the top of the left hand side of first page there is a roznama of the date starting from 18th July, 2006 and ending with 11th June, 2005. On the next page the roznama starts from 11th June, 2005 and ends with 15th October, 2003. The exhibit numbers given to vakalatnama, application etc have not been incorporated in the roznama. The provisions of Criminal Manual are binding even on the Courts of the Metropolitan Magistrate in the city of mumbai. I am constrained to observe that the roznama has been maintained in a very shabby manner. I have already issued directions in another case to the learned Chief Metropolitan Magistrate to ensure that roznama is recorded in terms of the provisions of the Criminal Manual.