Disposed

Napier Builders and Developers v. Shaikh Mehboob @ Abyoob Iiali Baksh and Anr.

Bombay HC20 Apr 2009APPP/548/2008

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay concluded an application to condone a 26-day delay in filing an application for leave to appeal and the appeal itself concerning a cheque dishonour under Section 138 of the N.I. Act. Seeing that there was a strong case and no strong objection, the delay was condoned, and the application was fixed for hearing after one week.

What did the court decide?

The delay of 26 days was condoned; the application for leave and criminal appeal were fixed for hearing after one week.

Napier Builders and Developers Vs Shaikh Mehboob @ Abyoob… — Cheque Dishonour | Bombay HC (2009)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 CRIMINAL APPELLATE JURISDICTION
 CRIMINAL APPLICATION No. 548 OF 2008
 IN
 CRIMINAL APPLICATION No.3282 OF 2008
 IN
 CRIMINAL APPEAL No. of 2008

¶3

 Napier Builders and Developers. .. Applicant.

¶4

vs.

¶5

 Shaikh Mehboob alias Abyoob
 Ilali Baksh and Anr. ..Respondents.

¶6

 Vilas B. Tapkir for the Applicant.

¶7

 Prakash Naik for Respondent No.1.

¶8

 Mr P.A.Pol,A.P.P. for the State.

¶9

CORAM: A.R. JOSHI,J.

¶10

DATED : 20TH APRIL,2009.

¶11

P.C.:-

¶12

 1. Heard rival submissions for some time.

¶13

 2. Mr Prakash Naik appearing for
 Respondent No.1 and Mr P.A.Pol, A.P.P.
 appearing for State, respectively waive
 service.

¶14

 3. It is an application for condonation of
 delay of 26 days in filing the application for
 leave to appeal against the acquittal of
 original accused - respondent in the matter of

¶15

 proceeding under Section 138 of the Negotiable
 Instruments Act, 1881 (the N.I.Act for short).
 Reportedly, the said complaint was dismissed
 for non apperance of the applicant- original
 complainant. Thereafter, writ petition was
 filed before this Court. However, it was
 allowed to be withdrawn as the writ was not the
 efficacious remedy. Accordingly, the present
 application came to be filed along with
 criminal appeal and leave to such appeal.
 There is no strong objection on behalf of the
 contesting respondents for condonation of
 delay.

¶16

 4. Considering delay of 26 days in filing
 criminal appeal with application for leave,
 same is condoned and the application for leave
 along with criminal appeal be fixed after one
 week. In the mean time, the applicant to
 supply the respondents with copy of leave
 application and appeal memo. Application No.
 548 of 2008 is, accordingly, disposed of.

¶17

 5. Criminal application No. 3282 of 2008
 to appear on board after one week.

¶18

(A.R.JOSHI,J.)

Napier Builders and Developers v. Shaikh Mehboob @ Abyoob Iiali Baksh and Anr.

Case brief

What is this about?

What did the court decide?

Napier Builders and Developers v. Shaikh Mehboob @ Abyoob Iiali Baksh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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