Allowed

Shivdatt Laxman Dhas v. Shashikant Pandurang Patil and Anr.

Bombay HC3 Oct 2012APEAL/112/2012

Case brief

AI extract

What is this about?

The High Court of Bombay at Aurangabad allowed the criminal appeal against the dismissal of a complaint under Section 138 of the Negotiable Instruments Act. The complaint had been dismissed due to the accused's repeated failure to appear. The court set aside the lower court's order and remanded the matter for a fresh hearing on merits.

What did the court decide?

The appeal is allowed, the order of the J.M.F.C. is set aside, and the matter is remanded for hearing on merit afresh before 8th November, 2012.

Shivdatt Laxman Dhas Vs Shashikant Pandurang Patil and Anr. — Cheque Dishonour | Bombay HC (2012)

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(1) Cri. Appeal. 112-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPEAL NO. 112 OF 2012

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Shivdatta Laxman Dhas

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 Appellant

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Versus

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Shashikant Pandurang Patil and anr. Respondents

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Mr. D.B. Rode, Advocate for the Appellant.
Mr. P.N. Mule, A.P.P. for the Respondent-State.
Mr. K.S. Bhore, Advocate for respondent no.1./orig. accused

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CORAM : M. T. JOSHI, J. DATED : 03^RD OCTOBER, 2012

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ORAL ORDER:

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1. Heard.

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2. Admit.

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3.With the consent of the parties, the Appeal is
heard finally at the admission stage.

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4.The record shows that in a complaint under
section 138 of the Negotiable Instruments Act, the present
respondent no.1/accused failed to appear on many occasions
despite his earlier appearance and securing bail.

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Thereafter, while time and again warrants were issued at
the address of the respondent, those were returned

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unserved. However, fed up with all these, when the
appellant-complainant remained absent in the proceedings,
the learned J.M.F.C. dismissed the same. The learned

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Cri. Appeal. 112-2012

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counsel for the respondent opposed the Appeal. He submits
that only because of the indolence of the appellant, the
complaint was dismissed rightly by the learned J.M.F.C.

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5.Taking into consideration, the history of the
case before the learned J.M.F.C., as highlighted supra,
the Appeal deserves to be allowed. The Appeal is
therefore allowed. The order passed by the learned
J.M.F.C. is hereby set aside and the matter is remanded
back to the learned J.M.F.C. for hearing the matter on
merit afresh. Both the parties are directed to appear
before the learned J.M.F.C. on 8th November, 2012.
No order as to costs.

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Sd/-

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 [M. T. JOSHI, J.]

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arp/

Shivdatt Laxman Dhas v. Shashikant Pandurang Patil and Anr.

Case brief

What is this about?

What did the court decide?

Shivdatt Laxman Dhas v. Shashikant Pandurang Patil 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

Parties & counsel

Coram

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