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Bombay High CourtAPEAL/469/1998others disposed off

The Union Of India v. M/S.K.R.Films Pvt.Ltd.And ANR.

2018-03-03Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.469 OF 1998 The Union of India ....Appellant V/s.

M/s. K.R.Films Pvt. Ltd. & Anr.

....Respondents None for Appellant.

Ms. Nandini G. Menon, Advocate for the Respondent Nos.1 and 2. ****** CORAM :- SANDEEP K. SHINDE, J.

CORAM :- SANDEEP K. SHINDE, J.

DATE :- DATE :- 3RD MARCH, 2018.

3RD MARCH, 2018.

P.C. :- P.C. :- Ms. Menon appears for the Respondent Nos.1 and 2. This appeal is preferred by Union of India at the instance of Assistant Commissioner of Income-Tax, Central Circle 21 against the order of acquittal dated 29.9.1997 passed by the learned Additional Chief Metropolitan Magistrate 47th Court, Esplanade, Mumbai in C.C.No. 5899/7/S/90.

I have gone through the order dated 17.1.2018 passed by Kotwal, J. which shows that on 19th June, 2017 this Court had directed the Registry to issue communication to the concerned Shivgan

* 2/2 * 911-APEAL-469-1998.doc Commissioner of Income-tax that nobody is prosecuting the subject Appeal diligently. It appears from the record that the order dated 17.1.2018 was duly communicated to the concerned officer of the Appellant. However, nobody appears even today when the matter is specially listed for hearing for which the board was notified well in advance. In my view, the Appellant is not interested in prosecuting the appeal. The Appeal is, therefore, dismissed for want of prosecution.

(SANDEEP K. SHINDE, J.) (SANDEEP K. SHINDE, J.) Shivgan