Ajay Kundan Tupe vs Sachin Vitthal Pawar And Anr
2023 Latest Caselaw 7645 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

             CRIMINAL REVISION APPLICATION NO. 216 OF 2023

 Ajay Kundan Tupe                                                ..Applicant
       Versus
 Sachin Vitthal Pawar                                            ..Respondent

                              __________
 Mr. Ritesh Thobde for Applicant.
 Mr. N.B. Patil, APP for State/Respondent.
                              __________

                               CORAM : SARANG V. KOTWAL, J.
                               DATE : 1 AUGUST 2023
 PC :

 1.            Learned counsel for the Applicant submitted that the

 applicant was convicted by the learned J.M.F.C., Cantonment

 court, Pune, in Summary Criminal Case No.1030 of 2015 under

 section 138 of the N.I.Act, vide his Judgment and order dated

 07/09/2019. He preferred an Appeal before the Court of Sessions

 at Pune vide Criminal Appeal No.423 of 2019. The Appeal came to

 be dismissed in default for want of prosecution vide the order

 dated 12/04/2023 passed by the learned Additional Sessions

 Judge, Pune.


 2.            Learned counsel for the applicant submitted that, after




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 the period of Covid-19 pandemic, the applicant was present on

 some occasions, but his advocate was absent and ultimately the

 Appeal came to be dismissed. He submitted that, since it was a

 Criminal Appeal, it could not have been dismissed in default.

 According to him, the applicant was on bail during pendency of

 the Appeal and, therefore, ad-interim protection be granted to

 him, till the other side is heard. He submitted that the applicant

 has already deposited 20% of the fine amount during pendency of

 the Appeal.


 3.            Considering these submissions, following order is

 passed:


                                              ORDER

i) Issue Notice to the Respondents, returnable on 03/10/2023.

ii) Stand over to 03/10/2023.

iii) Till the next date, the sentence imposed on the applicant shall remain suspended.

(SARANG V. KOTWAL, J.)