Dinanath Fulchand Bhavsar vs Gopal Balkrushna Joshi And Anr
2024 Latest Caselaw 901 Bom

Bombay High Court

Dinanath Fulchand Bhavsar vs Gopal Balkrushna Joshi And Anr on 15 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

2024:BHC-AS:1981

                                                                                 39-APEAL-109-2012.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL APPEAL NO. 109 OF 2012

                    Dinanath Fulchand Bhavsar                               ...Appellant
                          Versus
                    Gopal Balkrushna Joshi And Anr.                         ...Respondents
                                                            ....
                    Mr. Sumedh S. Modak i/by Mr. Vijay Killedar, Advocate for the
                    Appellant.
                    Mr. Umesh Mankapure for Respondent No.1.
                    Mr. Y. Y. Dabake, APP for the Respondent - State.

                                                            ....

                                              CORAM   :        PRAKASH D. NAIK, J.

                                              DATE    :        15th JANUARY, 2024.

                    P.C.:

1. This is an appeal against acquittal filed by the complainant.

The complaint was filed for offence under Section 138 of the

Negotiable Instrument Act vide Judgment and order dated 13 th July

2009 passed by the learned J.M.F.C. Sangli in Summary Criminal

Case No.642 of 2008. The Respondent No.1 was acquitted.

2. The learned Advocate for the Appellant Mr. Modak submitted

that the death certificate indicating that the appellant has expired

on 22.10.2016 was produced by Respondent No.1. The same has

been taken on record vide order dated 9th September 2023.

Sajakali Jamadar 1 of 2

39-APEAL-109-2012.doc

3. Mr. Modak submitted that pursuant to receipt of death

certificate produced by Respondent No.1, the relatives of Appellant

to take instructions about further course of action could not be

contacted.

4. In these circumstances, the Appeal is disposed of as the

Appellant/Complainant has expired.

                                             (PRAKASH D. NAIK, J.)




 Sajakali Jamadar                 2 of 2