M/S. Mahashakti Enterprises Pvt. Ltd., v. M/S Jrs Digital, World Pvt.Ltd.,

SMT JUSTICE T.RAJANI CRIMINAL APPEAL NO.328 OF 2018 ORDER:

This Criminal Appeal is preferred against the order dated 21.11.2016 in C.C.No.91 of 2016 on the file of the Special Magistrate-V, Hyderabad and restore the complaint on its file for disposal on merits.

Heard the learned counsel for the appellant, learned Public Prosecutor for the State and perused the record. Since the complaint was dismissed for non-payment of process fee, it is considered that notice to respondents 1 and 2 is not required.

A perusal of the impugned order shows that the Court below dismissed the complaint considering the fact that the complainant was called absent both at call work and trial work of forenoon as well as afternoon and there was no representation till 3.30 pm. It was observed that process fee was also not paid. However, this Court opines that it would be better for any case to be decided on merits. Hence, another opportunity needs to be given to the appellant to get the case decided on merits.

Considering the above, the Criminal Appeal is allowed and the order 21.11.2016 in C.C.No.91 of 2016 on the file of the Special Magistrate-V, Hyderabad, is hereby set aside. The appellant shall comply with the order of the Court below that would be made immediately after receiving the records.

Miscellaneous petitions, if any, pending shall stand closed. ______________ (T.RAJANI, J) 2nd February 2018 RRB