STATE OF MAHARASHTRA Vs. VIJAY GAJANAN MANKAME

JUDGEMENT

(1.) THIS matter was on the Board yesterday however, Mr. Thakur, learned A. P. P. for Petitioner-State was not present. Hence, the matter was dismissed for default.

(2.) TODAY, Mr. Thakur has mentioned the matter and has prayed that the matter be restored to file, to be heard on merits. Mr. S. R. Chitnis, who is appearing for Respondent (original accused) is also present.

(3.) IN this matter, the High Court by its order dated 30th August, 1990 had remanded the matter back for retrial for the purpose of producing additional evidence, which according to the prosecution, they were in possession of, but which had not been produced. It was observed by the High Court that the Trial Court would allow the prosecution to lead additional evidence in the nature of register and receipt books maintained by the Complainant Pannalal in the course of his business, in which the alleged transaction of receiving old ornaments from the customers and entrusting them to the accused were said to have been entered. The High Court also passed the order that the accused would appear before the Magistrate on 22nd October, 1990, without any further notice, and directed the Trial Court to dispose of the case as expeditiously as possible, but in any case within three months from the date of receipt of the record.