Vivek Baburao Sahare vs Nitatai Babanrao Ainchawar
2023 Latest Caselaw 7326 Bom

                                   -1-          15.APL.40.2023. Judgment.odt



 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           NAGPUR BENCH : NAGPUR.
    CRIMINAL APPLICATION (APL) NO. 40 OF 2023

 APPLICANT                     :   Mr. Vivek Baburao Sahare, Aged about
                                   40 years, Occupation - Business, R/o.
                                   C/o. Rahul Lok Vikas Mandal/
                                   Yashodhara Vidyalaya and Junior
                                   College at Post Chamorshi, Tah.
                                   Chamorshi, District - Gadchiroli.

                                         //VERSUS//

 NON-APPLICANT                 :   Sau. Nitatai Babanrao Ainchwar, Aged
                                   about 68 years, Occupation -
                                   Business, R/o. Ward No.2, Chamorshi,
                                   Tah. Chamorshi, District - Gadchiroli.

**************************************************************
  Mr. Kanak Y. Mandpe, Advocate for the Applicant.
  Ms. Tejal A. Agre, Advocate for the Non-applicant.
**************************************************************
                CORAM : G. A. SANAP, J.

DATED : 24th JULY, 2023.

ORAL JUDGMENT

Heard.

02] Admit. The application is heard finally with the consent

of the learned advocates for the parties. Perused the record and

proceedings.

-2- 15.APL.40.2023. Judgment.odt

03] In this criminal application, challenge is to the order

dated 16th December, 2022, passed by learned Additional Sessions

Judge, Gadchiroli, whereby the revision filed by the

applicant/accused challenging the order dated 18 th April, 2022

passed below Exh.26 in Summary Criminal Case No.94/2019 was

dismissed. Learned Judicial Magistrate First Class, Chamorshi,

District Gadchiroli vide order dated 18th April, 2022 was pleased to

direct the applicant/accused to deposit 20% of the amount of

cheque within 60 days.

04] It is seen that the challenge has been raised to this order

on multiple grounds. On going through the record and

proceedings, I am satisfied that the Courts below have not

committed any mistake. The amount of cheque was Rs.10,00,000/-

(rupees ten lakhs only). Learned Additional Sessions Judge agreed

with the reasons recorded by learned Magistrate while granting the

application at Exh.26.

05] On going through the record, when this Court

expressed an opinion that there is no substance in this application,

learned advocate for the applicant submitted that the Court may

dispose of the matter with request to learned Magistrate to dispose

-3- 15.APL.40.2023. Judgment.odt

of the criminal complaint within three months from today and

grant liberty to the applicant/accused to deposit an amount of

Rs.80,000/- (rupees eighty thousand only) within two months. In

my view, this submission is fair and reasonable. On merits, there is

no substance in the application. The application is accordingly

dismissed.

06] Two months' time is granted to the applicant/accused to

deposit remaining amount of Rs.80,000/- (rupees eighty thousand

only) in terms of order dated 18th April, 2022 in the Court of

learned Magistrate.

07] Learned Magistrate is requested to dispose of the

criminal complaint within three months from today.

(G. A. SANAP, J.)

Vijay