M/S Ajeet Seeds Ltd. Aurangabad ... vs Pradeep S/O Chaganlal Bhutada
2017 Latest Caselaw 5447 Bom

 apl.429.16                                      1        

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

              CRIMINAL  APPLICATION (APL) NO.429/2016

  

 M/S Ajeet Seeds Ltd. Tapadiya Terraces,
 II nd Floor, Adalat Road, Aurangabad,
 Through its authorized person /officer 
 Shri Manohar S/o Trimbak Pathrikar(Bansod)
 Aged about 51 years,Occ-Service,
 R/o -C/o Ajeet Seeds Ltd,
 Tapadiya Terraces, II nd Floor, 
 Adalat Road, Aurangabad.                .....  APPLICANT

       ...V E R S U S...

  
 Pradeep S/o Chaganlal Bhutada,
 Aged about Major, Occ-Business,
 R/o-C/o Balaji Krushi Kendra,
 Sonala,Tq.Sangrampur,
 District-Buldhana.                                        ...NON-APPLICANT
 -------------------------------------------------------------------------------------------
 Shri  Amol Deshpande, Advocate for applicant.
 Shri A.J.Gilda, Advocate for non-applicant. 
 -------------------------------------------------------------------------------------------

                               CORAM:- V. M. DESHPANDE, J.

DATED :- AUGUST 2,2017

ORAL JUDGMENT

Rule. Rule is made returnable forthwith. Heard finally

by consent of learned counsel for the parties.

2] The applicant is original complainant before this

Court. His complaint is dismissed by the learned Magistrate at the

stage of return of summons.

3] The learned counsel for non-applicant raised a

preliminary objection that this application ought to have file

appeal against acquittal since dismissal amount to an acquittal.

4] The present application is filed under Section 482 of

Code of Criminal Procedure. This Court even according to learned

counsel for respondent can exercise powers if it is noticed by the

Court that there is illegality committed by the Court below. It was

not expected from the learned Magistrate to dismiss the complaint

on a date when the matter was fixed for return of summons.

Hence, impugned order is set aside.

5] The Summary Criminal Case No.460/2013 is restored

to the file of learned J.M.F.C.Khamgaon.

6] The applicant shall prosecute the complaint diligently.

7] The costs of RS. 500/- to be paid to the learned counsel

for non-applicant.

Rule is made absolute.

JUDGE

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