Indusind Media And Communication Ltd Now Known As Hinduja Global Solutions Limited v. M/S. Nupoor Communication Pvt. Ltd. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3 OF 2025 (FOR LEAVE TO FILE APPEAL) Indusind Media And Communication Ltd Now Known As Hinduja Global Solutions Limited .... Applicant V/s.

by NILAM SANTOSH KAMBLE Date: 2025.04.09 15:58:41 +0530 NILAM SANTOSH KAMBLE M/s. Nrupoor Communication Pvt. Ltd.

And Ors.

.... Respondents ---- Mr.Rajit Patil a/w Ms.Sayalee Rajpurkar i/b Kadam and Company, for the Applicant.

Mr.S.H. Yadav, APP, for Respondent-State.

Mr.Devashish Wani, for Respondent Nos.1 and 2. ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 8th APRIL 2025 P.C:- .

Heard learned counsel for the Applicant and learned APP for the Respondent-State and learned counsel for Respondent No.1 and 2.

2.

Leave to correct the name of Respondent No.1. is granted. Amendment to be carried out forthwith. N.S. Kamble page 1 of 3

3.

The learned counsel for the Applicant submit that, the Applicant had filed private complaint under Section 420 and relevant sections of Indian Penal Code ('IPC' for short) against Respondent No.2. The Applicant was pursuing the said complaint but learned Trial Court has dismissed the complaint for non-prosecution on 15th February 2024. On earlier date the Advocate for the Applicant was present, but this fact is not considered by the Trial court.

4.

The learned counsel for Respondent No.2 submit that, Trial court has passed well reasoned order no interference is required in it and requested to reject the Application. 5.

The learned APP submit that, appropriate order be passed.

6.

It appears from roznamma on earlier date of the dismissal of the complaint the Applicant's Advocate was present, it shows that, the Applicant was pursuing the matter, but the learned Trial Court has not considered this fact. 7.

In view of above, I pass following order.

N.S. Kamble page 2 of 3

ORDER

(i) Application is allowed.

(ii) The Complaint No.39/SW/2010 is restored to file of Additional Chief Metropolitan Magistrate, 22nd Court, Andheri, Mumbai.

(iii) The Applicant to appear before the Trial Court on 22nd April at 11.00 a.m.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3