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High Court of Punjab and HaryanaCRA-S/624/2012dismissed

Gurbachan Singh v. M/S Mohan Lal Rakesh Kumar

2019-04-11Mrs Justice Daya Chaudhary1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRA-S-624-SB of 2012 Date of decision: 11.04.2019 Gurbachan Singh ......Appellant versus M/s Mohan Lal Rakesh Kumar and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - None for the appellant.

Mr. Vishal Khatri, Advocate, for Mr. Vipul Jindal, Advocate, for respondent No.1. Mr. Hittan Nehra, Addl. A.G., Punjab.

RAMENDRA JAIN, J. (ORAL) As per office report, learned counsel for the appellant has expired. Learned counsel for respondent No.1 contends that perhaps appellant-complainant has also expired.

Perusal of file shows that in order dated 20.01.2011, a Coordinate Bench of this Court observed that instant appeal is not maintainable in view of judgment in Janani Advertising v. Benett Colman & Co. Ltd., 2003(1) DCR 562. However, same was adjourned on request of learned counsel for the applicant.

Since appeal/application is not maintainable inasmuch as the appellate Court had not acquitted the private respondent, but modified the sentence of conviction, therefore, instant appeal is dismissed being not maintainable and for want of prosecution as well. (Ramendra Jain) April 11, 2019 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.04.12 17:51 I attest to the accuracy and integrity of this document