2013 (5) TMI 842

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.... dismissing the Complaint Case bearing No.80/1/2010 filed by the petitioner under Section 200 Cr.P.C. for taking cognizance against respondent No.2 for committing an offence punishable under Section 174 IPC. Arguing the present petition, the learned counsel for the petitioner submits that the learned Metropolitan Magistrate, has failed to appreciate the fact that the petitioner has taken every possible step to summon respondent No.2 in the proceedings initiated by the petitioner under Section 14 of the Central Excise Act. Learned counsel for the petitioner further submits that in terms of the Section 14 (2) of the Central Excise Act 1944, a person who has been summoned by the Central Excise officer is bound to attend the proceedings, eit....

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....evidence placed on record by the petitioner. Learned counsel for respondent No.2 also submits that the learned Metropolitan Magistrate, dismissed the said complaint case filed by the petitioner after taking the prima facie view of the matter based on the material placed on record by the petitioner and therefore, it cannot be said that the order passed by the learned Metropolitan Magistrate, is not a reasoned order. Learned counsel for respondent No.2 further submits that after the completion of the investigation, the adjudication of proceedings is in progress and respondent No.2 has been appearing before the adjudicating authority. I have heard the learned counsel for the parties. The case of the petitioner is that the petitioner is c....

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.... Petitioner has alleged that the accused had intentionally avoided to join the inquiry in response to the summons issued against him, however the perusal of the record shows that the accused is a resident of Kanpur, Uttar Pradesh and considering the huge distance that the petitioner would have to travel, it would be inappropriate to expect from him to make immediate arrangements. It is clear from the record placed before this court that the accused has undoubtedly specified the reasons for his absence and apprised the petitioner time and again about the same. Learned Metropolitan Magistrate has very rightly pointed out that every person has his limitations and certain unavoidable circumstances to deal with, due to which one cannot be expe....