M/S Narin Steel vs M/S Itac Ltd & Ors
2024 Latest Caselaw 18994 P&H

Punjab-Haryana High Court

M/S Narin Steel vs M/S Itac Ltd & Ors on 28 October, 2024

Author: Anoop Chitkara

Bench: Anoop Chitkara

                                           Neutral Citation No:=2024:PHHC:141669




                                                    -1-

201-2              IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                   CRM-A No.797-MA of 2013(O&M)
                                                        Date of Decision: 28.10.2024

M/s. Narain Steel                                              ... Applicant-Appellant

                                         Versus

M/s. ITAC Limited and Others                                          ...Respondents
CORAM:         HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:   Mr. A.P. Bhandari, Advocate
           for the applicant-appellant(s).
                   ****
ANOOP CHITKARA, J.

1. The applicant has come up against the judgment of acquittal dated 21.02.2012 passed by the Sessions Court, under Section 378(4) Cr.P.C.

2. Counsel for the applicant submits that despite his best efforts, he could not get correct addresses of the respondents.

3. On 02.09.2024, this Court had passed the following orders:

" As per report of Registry, the respondents are still unserved.

Let fresh notice be issued to the respondents subject to filing of correct address by 16.09.2024 for 10.12.2024.

If the correct address is not filed, Registry to list the matter on 23.09.2024 on which date the present case might be dismissed for non- prosecution.

Photocopy of this order be placed on the file of the connected case."

4. Given above, the present leave to appeal is hereby dismissed for non prosecution with liberty reserved to file fresh leave to appeal under section 419, BNSS, 2023. The time for which the present leave to appeal was pending before this Court shall not be counted for the purpose of limitation. After that the time which will be consumed in taking correct/fresh addresses, they shall be at liberty to explain the delay by mentioning the steps taken to trace out the addresses of the respondent(s).

5. It is further clarified that the dismissal of the present leave to appeal shall not come in the way in case the complainant files fresh leave to appeal under section 419 BNSS, 2023. Pending applications, if any, also stand disposed of.

                                                               (ANOOP CHITKARA)
                                                                    JUDGE
28.10.2024
Sonia Puri
Whether speaking/reasoned:     Yes/No
Whether reportable:            Yes/No.


                                          1 of 1