Bombay High Court
Parthesh Developers A ... vs The State Of Maharashtra And Anr on 13 September, 2022
Bench: Prakash Deu Naik
Ethape 1 30-Apl-843-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 843 OF 2022
Parthesh Developers & Ors. ...Petitioners
Versus
The State Of Maharashtra And Anr ...Respondents
....
Mr. Dilip H. Shukla a/w Ms. Priya Pandey, Advocate for the
Applicant.
Mr. A. R. Patil, APP for the Respondent - State.
Digitally signed
....
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.09.15
09:52:56 +0530 CORAM : PRAKASH D. NAIK, J.
DATE : 13th SEPTEMBER, 2022
PC :
1. This is an application for cancellation of Non-bailable
warrant issued against the applicant Nos.2 and 3 by the
Sessions Court, Mumbai vide order dated 26.08.2022.
2. The applicant No.1 is the frm and applicant Nos. 2 and
3 are partners of applicant No.1. The applicants are
convicted for ofence under Section 138 of Negotiable
Instruments Act vide judgment and order dated 24.06.2019
passed by learned Metropolitan Magistrate, 33rd Court,
Ballard Pier, Mumbai. The judgment of conviction has been
challenged by the applicants before the Sessions Court by
preferring Criminal Appeal No. 774 of 2019. On 26.08.2022,
Ethape 2 30-Apl-843-2022.doc
application for exemption was fled by advocate for
applicants. The advocate for applicants also fled
application for adjournment. The respondent fled say and
objected application. The Court noted that at the earlier
point of time, bailable and non-bailable warrants were
issued against applicants. Matter is old. Approach of
appellant is not fair. Hence, application was rejected. Non-
bailable warrant was issued against the applicants.
Application for adjournment was rejected.
3. Learned Advocate for the applicant submitted that on
26.08.2022 the advocate representing the applicant was
present in the Court. There was no intention to delay the
proceedings. On account of absence of the applicants, the
Court issued non-bailable warrant. The appellant would
appear before the Court on next date of hearing and during
the hearing of the appeal pending before the Sessions
Court. Next date before the trial Court on 17.09.2022, the
applicants are willing to proceed with the hearing that the
appeal pending before the Sessions Court.
4. It is submitted that notice of hearing has been given
to complainant. Afdavit of service is fled on record.
Ethape 3 30-Apl-843-2022.doc
5. Since the applicant Nos. 2 and 3 has submitted that
they would appear before the Sessions Court and in the
light of factual matrix as stated above and submissions of
learned advocate for the applicants, I pass the following
order:-
ORDER
(i) Order dated 26.08.2022 passed by Learned Special
Court in Criminal Appeal No.774 of 2019 issuing non-
bailable warrant against the applicant Nos. 2 and 3 is set
aside.
(ii) The Applicants (Applicant Nos. 2 and 3) shall appear
before the Sessions Court on 17.09.2022.
(iii) The advocate for the appellants/applicants shall
proceed with the hearing of the appeal pending before the
Sessions Court.
(iv) The Sessions Court shall decided the appeal within
three months from 17.09.2022.
(v) Application is disposed of.
(PRAKASH D. NAIK, J.)
