M/S. Prem Industries And Ors vs M/S. Champion Dealers Mumbai Pvt. ...
2023 Latest Caselaw 10807 Bom

2023:BHC-AS:31338



                     Gokhale                            1 of 2                             24-ia-3651-23


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 3651 OF 2023
                                                    IN
                               CRIMINAL REVISION APPLICATION NO. 317 OF 2023

                    M/s. Prem Industries & Ors.                                   ..Applicants.
                         Versus
                    M/s. Champion Dealers Mumbai Pvt. Ltd. & Anr.                 ..Respondents

                                                 __________
                    Mr. Pankaj J. Das for Applicants.
                    Mr. J. S. Kini a/w. Aum Kini i/b. Sapna Krishnappa for Respondent
                    No.1.
                    Mr. Arfan Sait, APP for State/Respondent No.2.
                                                 __________

                                               CORAM : SARANG V. KOTWAL, J.

DATE : 18 OCTOBER 2023 PC :

1. This is an application for condonation of delay of 161

days in preferring the Criminal Revision application.

2. The applicants are convicted for commission of offence

punishable U/s.138 r/w. 141 of the Negotiable Instruments Act, by

the Judgment and order dated 03.01.2020 passed by the

Metropolitan Magistrate, 6th Court, Mazgaon (Sewree), Mumbai, in

C.C.No.0601051/SS/2018. The Applicants challenged that order

by way of Criminal Appeal No.90 of 2020. That Appeal was

2 of 2 24-ia-3651-23

dismissed vide order dated 21.01.2023.

3. Learned counsel for the Applicants submitted that, when

the Appeal was decided, the applicants were not present in the

Court and, therefore, they were not aware of the order of the

Appellate Court. Before they could take any steps in preferring the

revision application, the applicant No.2 was arrested. The

Applicant No.3 is a housewife and, therefore, she could not take

immediate steps in approaching this Court by filing the revision

application. This has caused delay of 161 days.

4. Though, the delay is not very satisfactorily explained,

but the parties have arrived at a settlement and consent terms are

submitted which are taken on record in the revision application.

5. Considering this situation, the delay of 161 days in

preferring the criminal revision application is condoned.

6. The application is disposed of.

(SARANG V. KOTWAL, J.)