B.U. Properties Through Rajnish ... vs Vandana Rahul Kataria And Anr
2023 Latest Caselaw 11863 Bom

Bombay High Court

B.U. Properties Through Rajnish ... vs Vandana Rahul Kataria And Anr on 29 November, 2023

Author: Sarang V. Kotwal

Bench: Sarang V. Kotwal

   Gokhale                            1 of 2                          2-wp-st-19061-23


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

             CRIMINAL WRIT PETITION (ST) NO. 19061 OF 2023

 B. U. Properties through Rajnish
 Maneklal Bhandari & Ors.                                       ..Petitioners
       Versus
 Dr. Vandana Rahul Kataria & Anr.                               ..Respondents

                               __________
 Mr. Priyal G. Sarda for Petitioners.
 Mr. Sanjay Bhojwani for Respondent No.1.
 Mr. Arfan Sait, APP for State/Respondent No.2.
                               __________

                               CORAM : SARANG V. KOTWAL, J.

DATE : 29 NOVEMBER 2023 PC :

1. The petitioners have challenged the order dated

21.07.2023 passed by the 7th Jt. C.J.J.D. & J.M.F.C., Pune, directing

the petitioners to deposit 20% of the amount of the disputed

cheque. The main contention of the learned counsel for the

petitioners is that, the learned Judge has not given reasons in

fixing the amount at 20%. 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 decided on

07.07.2022 in Criminal Writ Petition No.48 of 2022 with Criminal

2 of 2 2-wp-st-19061-23

Writ Petition No.71 of 2022.

2. Learned counsel for the Respondent No.1 who is the

original complainant states that, a copy of the petition is not

served on him.

3. Learned counsel for the petitioners undertakes to serve a

copy of the petition on the learned counsel for the Respondent

No.1.

4. Learned counsel for the Respondent No.1 makes a

statement that, till the next date before this Court, the Respondent

No.1 shall not press the application for issuance of distress

warrant. The statement is recorded and accepted.

5. Stand over to 10.01.2024.

6. In the meantime, the trial shall proceed on its own

merits.

(SARANG V. KOTWAL, J.)