Rajkumari Singh And Anr vs State Of Maharashtra And Anr
2022 Latest Caselaw 8124 Bom

                                                                               129-136--APL-761-2022-769-2022.doc




                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL APPLICATION NO. 761 OF 2022
                                                                WITH
                                                 CRIMINAL APPLICATION NO. 769 OF 2022

                              Rajkumari Singh And Anr.                        ...Applicants
                                    Versus
                              State Of Maharashtra And Ors.                   ...Respondents
                                                                      ....
                              Mr. Yash Jain a/w P. Ranjan i/by Shashank Borde, Advocate for the
                              Applicants.
                              Mr. A. R. Patil, APP for the Respondent - State in Criminal Application
                              No.761 of 2022.
                              Mr. Arfan Sait, APP for the Respondent - State in Criminal Application
                              No.769 of 2022.

                                                                      ....

                                                      CORAM     :        PRAKASH D. NAIK, J.

                                                      DATE      :        20th AUGUST, 2022.

                              PER COURT:

1. Issue notice to respondent No.2, returnable on 26 th

September, 2022.

2. Spare copy be supplied in the registry for issuing notice to

respondent No.2.

3. In addition to Court notice, the applicant is permitted to

serve the Respondent No.2 by way of private notice.

4. In both these applications the applicants have challenged the

dismissal of the application for condonation of delay for non Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR Date:

                              Sajakali Jamadar                      1 of 2
JAMADAR    2022.08.22
           20:27:18
           +0530

129-136--APL-761-2022-769-2022.doc

prosecution vide order dated 6th May, 2022. The applicants are

convicted for offence punishable under Section 138 of Negotiable

Instruments Act. The judgment of the trial Court convicting them

was challenged in appeal before the Sessions Court and since there

was delay of about 31 days, the application for condonation of

delay was preferred. The Advocate representing the applicants has

apparently not pursued the matter and the appeal with the

application for condonation of delay which was preferred in the

year - 2016 has been dismissed for want of prosecution. It is

submitted that the applicants are senior citizens aged around 70

years. It is also submitted that there is likelihood of conviction

warrant being issued against them. In the event the application for

condonation of delay is restored, the applicant would pursue the

said application and the appeal pending before the Sessions Court.

5. In these circumstances, in the event any conviction warrant/

non bailable warrants are issued against the applicants, the same

shall be stayed till the next date of hearing.

                                        (PRAKASH D. NAIK, J.)




Sajakali Jamadar                   2 of 2