RAMNATH JHUNJHUNWALA Vs. SWIL LIMITED & ORS.

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 15-03-2011 as passed by the learned Metropolitan Magistrate, 6th Court, Calcutta in Complaint Case no. 2049 of 2000 wherein the trial court was pleased to acquit in all eleven accused persons under Sections 256 of the Code of Criminal Procedure (herein after called in as "Code") including five absconding accused. It may be noted that the accused nos. 1, 2, 3, 4, 12 and 19 were represented under Sec. 205 of the Code accused nos. 6, 8, 16, 21 and 24 were absconding before the trial court. The company, being the accused no. 1 was represented under Sec. 305 of the Code. Before this court, no effective service would be done on the respondent nos. 5, 6 and 11.

(2.) I have perused the memo of appeal, the judgement passed by the learned Additional Sessions Judge, 1st Fast Track Court, Calcutta in Criminal Appeal No. 53 of 2011. It may be noted that when the order was passed on 30th April, 2013, the order passed by this court in National Plywood Industries Vs. State of West Bengal as reported in 2013(2) CLJ (Cal) 387 was not placed before the said Court. Here in the instant appeal, special leave was duly granted under Sec. 378(4) of the "Code". This court has jurisdiction to entertain this appeal even after proviso was attached to Sec. 372 of the "Code".

(3.) Relying on the decision of this court as passed in National Plywood Industries Vs. State of West Bengal (Supra), this court as well as the Chief Judge, City Sessions Court has concurrent jurisdiction over this matter. When the leave has been granted and this court is in seisin of the appeal, there is no reason to remit this appeal back to the court of sessions.