Maharashtra State Co-Operative ... vs Bharatsingh Tulsiram Chavan
2022 Latest Caselaw 6295 Bom

                                                        1                               23.APPR.93-2019.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                 CRIMINAL APPLICATION (APPR) NO. 93 OF 2019
( Maharashtra State Co-operative Marketing Federation, Thr. Its District
                          Marketing Officer
                                 Vs.
                    Bharatsingh Tulsiram Chavan )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Ms. Aarti Singh, Advocate for the Applicant.
                                  Mr. A.R. Chavhan, Advocate for the Non-Applicant.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 5th JULY, 2022.

Heard Ms. Singh, learned counsel for the applicant and Mr. Chavhan, learned counsel for the non-applicant.

2. The proposed revision challenges the judgment of the learned appellate Court, whereby the conviction rendered by the learned Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act, has been quashed and set aside and the accused acquitted of the offence. The judgment of the appellate Court is dated 04.10.2016. The revision has been filed on 27.02.2019 after delay of 700 days, which is more than 2 years. The only reason which has been stated in the application is that the applicant is a Federation and some time in the year 2017 after receiving the files alongwith the order, it was sent to the 2 23.APPR.93-2019.odt

Head Office of the Federation and took some time. That is the only reason given for condonation of delay.

3. Mr. Chavhan, learned counsel for the non-applicant, opposes the application and submits, that the reason given is not worthy of acceptance. He contends, that the incident is of the year 2003 and the appeal was of the year 2011, which has been decided in 2016 and nearly 18 years have been passed in which the non-applicant has been embroiled in litigation. He therefore submits, that the application needs to be rejected.

4. Having heard the respective counsels for the parties, it is an admitted position on record, the cheques in question were dated 28.02.2003, for which proceedings under Section 138 of the Negotiable Instruments Act, have been initiated in 2003 itself, which was decided on 25.01.2011, resulting in the non-applicant being convicted which has been turned around by the appellate Court. The reasons given, are routine reasons, which are generally given by the Federation. The legal position is well settled that the Federation though its shares may be owned by the State hold does not enjoy a special status in the matter being treated before the Court of law, and therefore, has to be treated on par with any other litigant. Considering the delay which is of 700 days and inspite of the opposition of the learned counsel for the non-applicant, considering that the appellate Court reverses the conviction, the delay is condoned, however subject to the costs of 3 23.APPR.93-2019.odt

Rs. 25,000/- (Rs. Twenty Five Thousand) to be deposited by the Federation with the High Court Legal Services Sub Committee, Nagpur, on or before 11.07.2022. In case the same is not so deposited, the application shall stand rejected.

JUDGE SD. Bhimte