2015 (9) TMI 814

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....desh Shet, Advocate holding for Shri Arun Bras De Sa, Advocate JUDGMENT Heard Shri Ferreira, learned Counsel for the appellant and Shri Shet, learned Counsel for the respondent. 2. In view of the submissions advanced by the learned Counsel for the parties at the bar, this appeal can be disposed of on a short issue. 3. On a complaint lodged by the appellant, the respondent was prosecuted for a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the matter, whether anything survives in the case. 5. It is fairely submitted by the learned Counsel for the appellant that in view of the fact, that the order of adjudication has been set aside by CESTAT, nothing would survive in the proceedings, even if the finding on the first issue is reversed. He however submitted that said finding recorded by the learned Magistrate may affect other prosecut....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....spondent has nothing much to say in the matter. 8. I have considered the rival circumstances and submissions made by the learned Counsel for the parties. It is trite that the Courts do not embark or attempt to decide questions, which are purely of academic nature. In view of the submissions made by the learned Counsel for the appellant, even if the view taken by the learned Magistrate, insofar as....