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Gayanendra Singh Rathore vs. State of Rajasthan & Anr.

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Code of Criminal Procedure, 1973–Sec. 256– Negotiable Instruments Act, 1881–Sec. 138–Acquittal of accused for want of prosecution–Justification Delay of nine years was caused because the accused deliberately avoided the appearance–On some occasions, the counsel of appellant was not present–Trial Court has not exercised the discretion properly–Impugned order quashed and set aside and matter remanded back for deciding in accordance with law.