M/S Apex Industries Kavalapur ... vs M/S Chandrashekhar Hardware ...
2022 Latest Caselaw 8253 Bom

                                                                 1 of 3                 31.IA.2763.2022.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO.2763 OF 2022
                                                          IN
                                CRIMINAL REVISION APPLICATION (STAMP) NO.13805 OF 2022

                               M/s.Apex Industries Kavalpur through
                               Jaywant Lingappamali                                     Applicant
                                          versus
                               M/s.Chandrashekhar Hardware through
                               Chandrakant Dattatray Mali and another                   Respondents

                               Mr.Ashok B.Tajane i/by Ms.Kavita P. Shinde, Advocate for applicant.
                               Mr.A.R.Patil, APP, for State.

                                                        CORAM :      PRAKASH D. NAIK, J.

                                                        DATE     :   23rd August 2022
                               PC :

1. This an application for condonation of delay in preferring revision application challenging order dated 2 nd March 202 passed by Additional Sessions Judge, Ichalkarangi, District Kolhapur.

2. Issue notice to respondent no.1 returnable on 3 rd October 2022. Spare copy be supplied in the registry for issuing notice to respondent no.1.

3. The applicant was convicted by Judicial Magistrate, First Class,

Digitally signed by Ichalkarangi vide judgment and order dated 10 th July 2020 for MANISH MANISH SURESH SURESH offence u/s.138 of Negotiable Instruments Act and sentenced to THATTE Date: 2022.08.25 THATTE 11:05:25 +0530

suffer simple imprisonment for six months and pay compensation of Rs.3,00,000/-. The judgment and order dated 10 th July2020 was challenged before Court of Sessions by preferring Criminal Appeal 2 of 3 31.IA.2763.2022.doc

No.4 of 2021. Interim Application preferred before Sessions Court was allowed by order dated 21st October 2021 by directing applicant to deposit Rs.60,000/- towards 20% amount of compensation before Trial Court within 30 days. Subsequently the appeal was dismissed for want of prosecution on 2nd March 2022. The order indicate that the advocate representing applicant had withdrawn his vakalatnama and applicant did not proceed with hearing of appeal.

4. Learned advocate for applicant submits that the applicant is willing to deposit amount of Rs.60,000/- as directed by Sessions Court vide order dated 21st October 2021. The appeal which has been dismissed for want of prosecution may be restored. The applicant would pursue the appeal before Sessions Court in the event the same is restored.

5. The order of Sessions Court mentions that Trial Court shall issue conviction warrant and execute sentence of conviction, as ordered by judgment and order dated 10th July 2020.

6. Considering the submissions and more particularly the fact that applicant is willing to deposit amount of Rs.60,000/- towards 20% of the compensation amount, interim relief can be granted to the applicant.

7. The order dated 2nd March 2022 passed by Additional Sessions Judge, Ichalkarangi directing JMFC, Ichalkarangi to issue conviction warrant and execute sentence of conviction in accordance with judgment and order dated 10th July 2020 by JMFC, Ichalkarangi, is stayed till next date of hearing.

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8. The applicant is directed to deposit amount of Rs.60,000/- before Judicial Magistrate, First Class, Ichalkarangi on or before 3 rd October 2022. Stand over to 3rd October 2022.

(PRAKASH D. NAIK, J.) MST