Heard Mr. Vakil, learned advocate for the petitioners, and Ms. Archna Raval, learned APP, for the respondent - State.
2. It is submitted that the respondent no.2 has been served the process which came to be issued pursuant to the order dated 29.3.2012. According to learned advocate for the petitioners, though served, no one appears for the respondent no.2.
3. Learned advocate for the petitioners has submitted that same complainant had earlier filed complaint under the provisions of Negotiable Instrument Act and in the said proceedings, the petitioners were acquitted. It is also submitted that subsequently the said decision by the learned trial Court was carried in appeal before the High Court and the High Court confirmed the decision of learned trial Court. He has further submitted that despite the said previous proceedings and the order acquitting the petitioners Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jun 10 00:11:19 IST 2016 R/CR.MA/4091/2012 ORDER and order confirming the acquittal by this Court, the complainant has filed another complaint in respect of same transaction.
4. The Hon'ble Court (Coram: Hon'ble Mr. Justice Anant S. Dave) having regard to the facts of the case passed order dated 29.3.2012 and granted ad-interim relief in terms of paragraph 8(B).
After the said order came to be passed, the respondent no.2 has not entered appearance though proceedings have been adjourned from time to time.
5. In this view of the matter, below mentioned order is passed:-
5.1 Rule. Ms. Archna Raval, learned APP, waives service of rule for the respondent - State.
5.2 Ad-interim relief, granted earlier vide order dated 29.3.2012, will continue until final hearing or until any other or further order is passed in present petition.
The above order is passed in light of petitioners' submission that the complaint impugned in present proceedings is the second complaint filed by the same complainant for the same transaction.
6. Since present order is passed in absence of the respondent no.2, it would be open to the respondent no.2 to make appropriate request as regards the interim relief.
(K.M.THAKER, J.) kdc Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jun 10 00:11:19 IST 2016