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1968 Supreme(Guj) 20

N.G.SHELAT
SANKALCHAND VARCHHAJI – Appellant
Versus
KEHNGARAM VARDHAJI – Respondent


Advocates Appeared: C.C.PATEL, H.K.THAKORE

N. G. SHELAT, J.

( 1 ) THIS application In revision is directed against an order of acquittal presumably passed under sec. 247 of the Criminal Procedure Code by Shri K. H. Damani City Magistrate 7 Court Ahmedabad In Criminal Case No. 1554 of 1966 on the ground that the complainant was not present when called out.

( 2 ) ON 30th September 1966 the petitioner had filed a complaint in the Court of the learned Magistrate against the opponents inter alia alleging that they had committed offences punishable under secs. 323-504 read with sec. 114 of the Indian Penal Code. The process was directed to be issued by the learned Magistrate on 30-9-66 in respect of an offence under sec. 323 of the Indian Penal Code. The procedure contemplated under Chapter XX of the Criminal Procedure Code In respect of trial of summons cases by Magistrates was followed in the case. The evidence of the complainant was recorded and then the matter had come to be adjourned to 27th December 1966. On that day the complainant was absent and his learned advocate presented an application for an adjournment on the ground that the complainant and his witnesses were not able to remain present in Court. The learned Magistra





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