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Bombay High CourtAPPLN/1915/2014disposed off

Executive Director Maharashtra Center For Entreprenesurship Devlopment-Mecd. v. Yogiraj Harishchandar Deokar

2015-01-05Hon'Ble Shri Justice A. I. S. Cheema2 pages

Cri.Appln.No.1915/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1915 OF 2014 Executive Director, Maharashtra Center For Entrepreneurship Development (MCED), Aurangabad ...

APPLICANT

VERSUS

Yogiraj s/o Harishchandar Deokar ...

RESPONDENTS .....

Shri P.P. Deshpande, Advocate for applicant .....

CORAM:

A.I.S. CHEEMA, J.

DATED:

5th January, 2015.

ORAL ORDER :

1.

Heard counsel for the applicant. The trial Court has acquitted the accused as the complainant was not attending the complaint, claiming offence under Sections 499 and 500 of the Indian Penal Code. The impugned order shows that the trial Court considered the record and roznama and observed that the complainant was absent and matter was left unattended since long and even the pleader has not taken necessary steps. Learned counsel for the applicant is submitting that the complainant is an institution and the respondent - accused was

Cri.Appln.No.1915/2014 employee, who indulged in the said acts, because of which complaint was required to be filed for defamation. According to him, for discipline, it is necessary that for such acts the accused should be punished. According to the learned counsel, opportunity needs to be granted to the applicant to pursue the complaint.

2.

The observations of the trial Court that complainant was absent and matter was left unattended since long is not questioned by the learned counsel for the applicant. When that is the position on record in summary case, I do not find any justification to interfere in such matter. There is no reason to interfere in the order passed. There is no substance in the application. Same stands rejected.

(A.I.S. CHEEMA, J.) fmp/cri1915.14