Disposed

Anusha Shetty and Anr. v. Sanjay v.Bhandare and Anr.

Bombay HC8 Sept 2005WP/534/2005

Case brief

AI extract

What is this about?

In two criminal writ petitions concerning proceedings under Section 138 of the Negotiable Instruments Act, the court held that the petitioners had an efficacious remedy of preferring revision before the Sessions Court. Consequently, the writ petitions were not quashed but were disposed of with liberty granted to prefer the revision, and the trial was stayed pending the outcome.

What did the court decide?

Liberty granted to petitioners to prefer revision before Sessions Court; trial stayed pending revision.

Anusha Shetty and Anr. Vs Sanjay v.Bhandare and Anr. — Cheque Dishonour | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION
 CRIMINAL WRIT PETITION NO.534 OF 2005
 Mrs.Anusha Shetty and
 Or. ..Petitioners

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Vs.

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 Shri.Sanjay V.Bhandare
 and Anr. ..Respondents
 ...
 Mr.J.K.Hegde for petitiones
 Ms.S.V.Gajare A.P.P. for State

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 WITH
 CRIMINAL WRIT PETITION NO.535 OF 2005

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 Mrs.Anusha Shetty
 and Or. ..Petitioners
 Vs.

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 Shri.Shrikant M.Malpady
 & Anr. ..Respondents

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 ...
 Mr.J.K.Hegde Advocate for Petitioners
 Ms.S.V.Gajare A.P.P. for the State

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 CORAM: SMT.V.K.TAHILRAMANI,J.
 DATE : SEPT. 8,2005

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P.C.

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 1. Heard the learned advocate for the petitioners

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 and learned A.P.P. for the State. None appears

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 for the respondent no.1-compalinant though served.

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 2. The petitioners are seeking quashing of
 proceedings relating to Criminal Case
 Nos.292/S/2005 and 293/S/2005 pending before the
 learned Metropolitan Magistrate, 12th Court at
 Bandra, Mumbai. In the said cases, process has
 been issued against the petitioners under Section
 138 of Negotiable Instruments Act. The learned
 advocate for the petitioners submitted that the
 learned Magistrate committed an error in issuing
 process and the said process deserves to be set
 aside. It is further submitted that if the process
 issued against the petitioners is set aside, the
 proceedings in respect of the petitioners, would
 come to an end.

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 3. For the reasons recorded in my order dated 13th
 June, 2005 in W.P.No. 213 of 2005 and dated 21st
 June, 2005 in Cri.Application No.550 of 2005, I am
 of the opinion that the petitioners have an
 efficacious remedy of preferring revision against
 the order of Magistrate issuing process. Hence, in

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 my view, it would be appropriate that the
 petitioners prefer a revision before the concerned
 Sessions Court against the order of the Magistrate
 issuing process.

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 4. Liberty is granted to the petitioners to prefer
 the necessary revision before the concerned
 Sessions Court. The learned advocate for the
 petitioners makes a statement that the necessary
 revisions will be preferred within six weeks from
 today. I am informed that the matters are kept
 before the trial Court on 5.10.2005. In view of
 the above statement, the trial Court shall not
 proceed with the trial on 5.10.2005 and for a
 period of two weeks thereafter.

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 5. On the necessary revisions being preferred by
 the petitioners before the concerned Sessions
 Court, the concerned Sessions Court shall dispose
 of the matters on merits after hearing the
 necessary parties.

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 6. Writ Petitions are disposed of.

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 [V.K.TAHILRAMANI,J.]

Anusha Shetty and Anr. v. Sanjay v.Bhandare and Anr.

Case brief

What is this about?

What did the court decide?

Anusha Shetty and Anr. v. Sanjay v.Bhandare and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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