IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL SPLA No. 18 of 2008 With CRLA No. 73 of 2008 Sri R.K. Sharma S/o Sri Shivraj Singh R/o T-3-2, Survey Colony, Hathibarkala P.S. Dalanwala, Dehradun .……… Appellant Versus State of Uttarakhand and another .……… Respondents Mr. Pankaj Miglani, Advocate with Mr. Lalit Miglani, Advocate for the appellant. Mr. Prabhakar Joshi, Brief Holder for respondent No.1 None for respondent No. 2. Hon’ble J.C.S. Rawat, J. Mr. Pankaj Miglani, Advocate with Mr. Lalit Miglani, Advocate for the appellant. Mr. Prabhakar Joshi, Brief Holder for respondent No.1 None for respondent No. 2. 2. This is a leave to appeal petition against the order passed by the Special Judicial Magistrate, Dehradun acquitting the accused on the ground that the complainant was not present in the court on that date of recording the evidence. 3. The learned counsel for the appellant has filed the entire copy of the proceedings. The proceeding dated 15.06.2006 reveals that the complainant R.K. Sharma PW1 was examined and his witnesses had to be examined on the next date. Adjournments have been sought by the accused or the complainant on several occasions on one pretext or other. Ultimately on 08.11.2006, the impugned order was passed. The learned counsel for the appellant relied upon the judgment of the Apex Court in the case of Associated Cement Co. Ltd. Vs. Keshvanand 1998 SCC (Cri) p/475 wherein the complainant Puneet Aggarwal was examined by the trial court and his witnesses have to be examined on later date. On a later date, when the complainant did not appear before the court, the complaint was dismissed and the accused was acquitted. The Hon’ble Apex Court set aside the acquittal. 4. Considering the facts and circumstance of the case in totality, this is a fit case where leave to appeal can be granted. Therefore, the leave to appeal is granted. 5. Also heard on the admission. 6. The appeal is admitted. 7. Issue notice to the respondents returnable at an early date. 8. Summon the lower court’s record. 9. List thereafter. (J.C.S. Rawat, J.) 26.03.2008 Shiv