DEEPAK GOPALIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 30.08.2012 passed by the Court of Additional Chief Judicial Magistrate (Economic Offence) Jodhpur Metropolitan in criminal case no. 543/2010 State v. Amit Srivastava & Ors. whereby the Court below had dismissed the application filed by the petitioner complainant under Section 311 Cr.P.C., be set aside.

(2.) Briefly stated on basis of the complaint lodged by the petitioner, a FIR was registered and a charge sheet was filed along with the list of witnesses. Petitioner-complainant along with Lalit Mohan Gopalia and Sandeep Jaisawal were cited as witnesses.

(3.) A perusal of the impugned order reveal that the charges were framed against the accused-respondent on 17.01.2009. Due to non appearance of the witnesses, Court was constrained to issue bailable warrants against Deepak Gopalia on 09.06.2009. In spite of execution of bailable warrants, Deepak Gopalia had not appeared in the Court. Similarly bailable warrants were issued against witness Lalit Mohan Gopalia on 10.06.2009. The service of warrant was effected upon the son of the Lalit Mohan Gopalia, again summons were issued and service was affected upon the employee of Lalit Mohan Gopalia.