Ashvin Subhash Gupta vs M/S. Suman Motels Ltd And Ors
2022 Latest Caselaw 4063 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.888 OF 2022
                                                  IN
                                     CRIMINAL APPEAL NO.259 OF 2016

                      Ashvin Subhash Gupta                      .. Applicant/Appellant
                           Versus
                      M/s.Suman Motels Ltd. and Ors.            .. Respondents

                                                 WITH
                                   INTERIM APPLICATION NO.884 OF 2022
                                                  IN
                                     CRIMINAL APPEAL NO.260 OF 2016

                      Mrs.Damayanti Mukesh Marolia              .. Applicant/Appellant
                           Versus
                      M/s.Suman Motels Ltd. and Ors.            .. Respondents

                                                 WITH
                                   INTERIM APPLICATION NO.886 OF 2022
                                                  IN
                                     CRIMINAL APPEAL NO.261 OF 2016

                      Mrs.Heena Mahesh Marolia                  .. Applicant/Appellant
                           Versus
                      M/s.Suman Motels Ltd. and Ors.            .. Respondents

                                                     ......
                      Mr.Rajendra Sorankar, Advocate for the Applicant/Appellant.

                      Mr.S.K. Chaurasia i/b. M/s.Raj & Associates, Advocate for Respondent
                      Nos.1 to 7.

                      Mr.S.V. Gavand, APP for the Respondent No.8-State.
                                                      ......
         Digitally
         signed by
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
                                                    CORAM :     PRAKASH D. NAIK, J.

AHER     Date:
         2022.04.20
         14:14:30
         +0530                                      DATED :     APRIL 18, 2022.
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P.C. :

All these interim applications are preferred by the

appellant/original complainant in Appeal challenging the judgment

and order of acquittal of respondents for offence under Section 138 of

the Negotiable Instruments Act ("NI Act", for short). The applicant

/appellant is the original complainant in the complaints fled against

the respondents who are acquitted by the Court of learned

Metropolitan Magistrate 20th Court at Mazgaon, Mumbai.

2 Learned advocate for the appellant/applicant submitted

that the subject transaction is of 1997. The cheques were dishonoured

in the year 2000, and, the complaint was fled in the same year. The

respondents were acquitted vide judgment and order dated 18 th April,

2013. The Appeals had come up for hearing before this Court and vide

order dated 31st July, 2019, the Appeals were posted on 8 th August,

2019, for fnal disposal. However, the matters did not reach for fnal

hearing.

3 The respondents have fled reply opposing the prayers

sought in these applications. Learned counsel for respondents submits

that in the application the age of constituted attorney, who is senior

citizen has been mentioned and not the age of original complainant.

No ground is made out for listing the Appeals for hearing.

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4              It is noted that the complaint was fled in the year 2000.

The complaint relates to the offence under Section 138 of the NI Act.

The respondents were acquitted by the trial Court. Order dated 31 st

July, 2019, indicate that the Appeals posted for hearing fnally. In this

circumstances, the Appeals be posted for hearing on 15 th June, 2022

at the bottom of the admission Board.

5 All the Interim Applications stand disposed of

accordingly.

(PRAKASH D. NAIK, J.)