VAMSI LABS PRIVATE LIMITED Vs. ALPINE LABORATORIES

JUDGEMENT

(1.) This appeal is filed under Section 378 (4) of the Code of Criminal Procedure impugning an order of acquittal passed on 26th May 1997 by the Judicial Magistrate, First Class. The impugned order reads as under :

(2.) With the assistance of the APP - Ms. Malhotra and Mr. Nagvekar, counsel appearing for appellant, I have perused the appeal papers.

(3.) Admittedly in this case, process, i.e., summons, has been issued and even plea has been recorded. Therefore, the judgment of this Court in Baliram Ramchandra Patil V/s. Ashok Pundalik Patil, 2017 AllMR(Cri) 3089 relied upon by the counsel for appellant is not applicable to the facts and circumstances of this case. It is because in that case even process had not been issued.