Tarcar Real Estates Pvt. Ltd., Rep. By Vishnu Sanjeev Tarcar v. Mahesh Naik

1-crma-47-2021

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.47 OF 2021 IN STAMP NUMBER MAIN NO.48 OF 2020 TARCAR REAL ESTATES PVT. LTD., REP. BY VISHNU SANJEEV TARCAR ....APPLICANT

Versus

MAHESH NAIK .... RESPONDENT Ms. V. Shet, Advocate for the Applicant.

CORAM : M.S. JAWALKAR, J.

DATE : 21st DECEMBER 2021 P.C. :

Heard Ms. V. Shet, learned Counsel for the applicant. Inspite of service none for the respondent.

2.

The applicant preferred present appeal against acquittal against impugned order dated 24.06.2019 passed by learned JMFC, 'C' Court, Panaji-Goa in OA/502/2018/C. 3.

Learned Counsel for the applicant submitted that the applicant could not be present on the days fixed for hearing on 2 to 3 days as his Advocate failed to inform him about the dates. So also, Advocate also remained absent and, consequently, order of acquittal, contrary to the evidence on record, came to

1-crma-47-2021 be passed.

4.

There are arguable points raised by way of this appeal. Hence, leave to appeal is granted. The learned JMFC to take action in terms of Section 390 Cr.P.C. Application stands disposed of.

M.S. JAWALKAR, J.

NH