V.K.JAIN, J. (Oral)
This appeal is directed against the order dated 01.03.211, whereby the complaint was dismissed for non-prosecution. A perusal of the record would show that on 27.05.2009, the learned counsel for the complainant was present, but no one was present for the respondent/accused. In fact, the respondents/accused persons never appeared before the Trial Court at any point of time. The counsel appearing for the respondents submits that they had no occasion to appear since the Court summon was not served upon the accused persons/respondents. When the matter was received in the Transferee Court, notice was issued to the complainant. For two dates, the notice Crl. Appeal No.1009/2013 Page 1 of 5 could not be served. The notice was served for the first time for 01.03.2011 when there was no appearance on behalf of the complainant and, therefore, the complaint was dismissed for non-prosecution.
2. The learned counsel for the appellant submits that the Court notice was issued to the appellant-company th