Atithi Builders And Constructors ... vs The Indian Property Trust And Anr
2023 Latest Caselaw 6365 Bom

                             1                                                       56.apl-383-23

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

                  CRIMINAL APPLICATION NO.383 OF 2023
                                 [Atithi Vs. The Indian Property Trust]


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

                                  Mr. Bhomesh Bellam, Advocate for Applicant.
                                  Mr. Himanshu Vidhani, Advocate a/w. Roselin Alex
                                  i/b. Khaitan & Co. for the Respondent No.1.
                                  Mr. Arfan Sait, APP for the Respondent-State.


                                  CORAM : SARANG V. KOTWAL, J.

                                  DATE          : 05th JULY, 2023
               P.C.:

             1.        At the request of learned counsel for the Respondent

              No.2, today I am adjourning the matter.

             2.        Learned counsel for the Applicant pressed for ad-

              interim relief. He relied on the judgment of a Single Judge

              Bench of this Court at Nagpur Bench in the case of Ashwin

              Ashokrao Karokar Vs. Laxmikant Govind Joshi as reported

              in 2022 SCC OnLine Bom 8577, wherein it was held that

              while passing the order under Section 143-A(2) of the

              Negotiable Instruments Act, 1881 while directing the accused

              to pay compensation of 20% of the cheque amount, the Court

              has to record reasons. Learned counsel for the Applicant

              submitted that no reasons are mentioned in the impugned

              order.

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                  3.        Considering these submissions, till the next date, ad-

                   interim relief can be granted to the Applicant. Hence, the

                   following order :

                                             :: O R D E R ::

i. Stand over to 19.7.2023.

ii. Till the next date, there shall be ad-interim relief in

terms of prayer clause (c).

(SARANG V. KOTWAL, J.)

Deshmane (PS)