Case Note & Summary
The case involved an appeal by M/s. Grindwell Norton Ltd against M/s. Maxlux Glass Pvt. Ltd. and others. The Supreme Court addressed the procedural issue regarding the preponement of a date by the learned Magistrate from February 17, 2000, to February 1, 2000. The court noted that the respondent had already deposited the fine imposed by the Magistrate and that the complainant-appellant had withdrawn the amount in question. In light of these developments, the court found it just to direct the respondent to pay an additional sum of Rupees Fifty Thousand to the appellant in each case. The court allowed the appeals with this direction and ordered that the payment be made within four weeks, without costs.
Headnote
A) Criminal Procedure - Judicial Discretion - Preponement of Date - Not approved - Criminal Procedure Code, 1973 - The court disapproved the manner in which the learned Magistrate preponed the date from 17.2.2000 to 1.2.2000 but considered subsequent events to direct further payment. Held that the interest of justice would be served by directing the respondent to pay a further sum to the appellant (Paras Not mentioned).
Issue of Consideration
Whether the manner in which the learned Magistrate preponed the date was appropriate and what directions should be given regarding payment.
Final Decision
The Supreme Court allowed the appeals and directed the respondent to pay a further sum of Rupees Fifty Thousand to the appellant in each case within four weeks.
Law Points
- Judicial discretion
- Interest of justice
- Payment of fine
