Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 1988 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1988 (3) TMI 370 - SUPREME COURTWhether there exist sufficient grounds for proceeding with the case? Held that:- Once the order of the High Court is vacated, the order of the learned Magistrate would revive and the prosecution as directed by the learned Magistrate has now to continue. We accordingly direct the case to be closed against respondent No. 2 without further delay. Ordinarily, in a criminal case of this type, there would have been no order for costs. But, keeping in view the background of the case, the manner in which respondent No. 2 has behaved and the fact that he is squarely responsible for delaying the proceedings by reiterating the same contention twice over, we are of the definite opinion that respondent No. 2 should be made to suffer exemplary costs. We accordingly direct that he shall be called upon to pay a sum of Rs. 10,000 by way of costs and the said amount is to be deposited in the trial court within one month hence, failing which the trial court shall have a direction to recover the same as fine and pay the amount to the complainant. Compliance shall be reported to the registry of this court.
|