Umesh @ Umeshkumar Bhaurao Parde vs Mohan Madanlal Sharma
2025 Latest Caselaw 132 Bom

Bombay High Court

Umesh @ Umeshkumar Bhaurao Parde vs Mohan Madanlal Sharma on 5 May, 2025

2025:BHC-NAG:5105


                                                                                                                        J Cr.Wp-259-2025.odt
                                                                     1

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.
                             CRIMINAL WRIT PETITION NO.259 OF 2025

              PETITIONER                           :     Umesh @ Umeshkumar Bhaurao Parde,
              (Ori. Accused)                             Aged about 44 years, Occupation : Business, R/o.
                                                         Nagar Parishad Weekly Bazar Sankul, Banosa, Tq.
                                                         Daryapur, District Amravati.

                                                         ..VERSUS..

              RESPONDENT                           :     Mohan Madanlal Sharma,
              (Ori. Complainant)                         Aged about 44 years, Occupation : Business, R/o.
                                                         Jaystambh Chowk, Banosa, Tq. Daryapur, District
                                                         Amravati.
              ------------------------------------------------------------------------------------------------------------------------------------
                      Mr P. Sarise, Adv. h/f Mr R. J. Shinde, Advocate for Petitioner.
                      Mr G. R. Bhake, Advocate for Respondent.
              ------------------------------------------------------------------------------------------------------------

                      CORAM : M. W. CHANDWANI, J.
                      DATED                : 5th MAY, 2025.

                    ORAL JUDGMENT

1. Heard.

2. Rule. Rule is made returnable forthwith. Heard finally with

consent of the learned counsel for the parties.

3. The petition challenges the orders dated 11.03.2025 passed

by the learned Judicial Magistrate First Class, Daryapur, District

Amravati, whereby the exemption application and the application for

cross-examination of the respondent came to be rejected and a

Non-Bailable Warrant was issued against the petitioner.

J Cr.Wp-259-2025.odt

4. It appears that the case pending before the learned JMFC is

quite old and on the last date, the petitioner sought adjournment for

cross-examination.

5. The petitioner has filed a pursis across the bar alongwith an

undertaking stating that he would attend the Trial Court on each and

every date without fail, till the conclusion of the trial. The pursis

alongwith an undertaking filed across the bar is accepted and according

to me, the same serves the purpose of securing presence of the petitioner

on each date of the trial.

6. In these circumstances, I am of the opinion that the petitioner

should get an opportunity. Hence, I pass the following order :

                                 i)          The writ petition is allowed.


                                 ii)         The order dated 11.03.2025 passed by the learned Judicial

Magistrate First Class, Daryapur, District Amravati, is hereby quashed

and set aside. Consequently, the order of issuance of Non-Bailable

Warrant issued against the petitioner is also quashed and set aside.

7. Rule accordingly.

(M. W. CHANDWANI, J.)

Tambe Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 10/05/2025 14:09:17