Allowed

Anil Sonyabapu Todmal v. Dnyandeo Nan Thevarkar and Anr.

Bombay HC20 Mar 2012REVN/44/2012

Case brief

AI extract

What is this about?

The High Court awarded criminal revision allowing the criminal appeal against a conviction under the Negotiable Instruments Act to be heard on merits, setting aside a lower court order that dismissed the appeal without hearing.

What did the court decide?

The impugned order of the Sessions Judge dismissing the appeal without hearing the applicant is set aside. The applicant is directed to deposit additional security of Rs.1 Lakh.

Anil Sonyabapu Todmal Vs Dnyandeo Nan Thevarkar and Anr. — Cheque Dishonour | Bombay HC (2012)

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Cri. Revn. Appln. No.13/2012

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

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BENCH AT AURANGABAD

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CRIMINAL REVISION APPLICATION (STAMP) NO.13 OF 2012

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Anil s/o Sonyabapu Todmal ... APPLICANT VERSUS

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Shri Dnyandeo s/o Nana Thevarkar and another ... RESPONDENTS

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Shri Y.S. Choudhari, Advocate for applicant Shri R.R. Karpe, Advocate for respondent No.1. Shri S.N. Kendre, A.P.P. for respondent No.2.

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CORAM : U.D. SALVI, J. DATED : 20th March, 2012.

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PER COURT :

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Criminal Revision Application is taken up for hearing by mutual consent of parties.

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Heard. Perused. The applicant was convicted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1872 and was sentenced to suffer six months S.I. and to pay compensation of Rs.2 Lakhs to the complainant by the learned Judicial Magistrate, First Class, Rahuri in S.T.C. No. 349/2005 on 16/1/2008. Learned Sessions Judge, Ahmednagar

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Cri. Revn. Appln. No.13/2012

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dismissed the appeal preferred against the said judgment and order of conviction without hearing the applicant/ accused, vide judgment and order dated 12/8/2011 in Criminal Appeal No. 40/2008. Learned advocate for the applicant/ accused submits that the applicant/ accused has deposited an amount of Rs.25,000/- in the appellate Court in compliance of the order dated 20/2/2008 passed by the Additional Sessions Judge for suspending the sentence and granting bail to the applicant/ accused in Criminal Appeal No.40/2008; and now the applicant/ accused undertakes to deposit an amount of Rs.1 Lakh on or before 17th April 2012 and further undertakes to appear before the appellate Court on the given date along with the duly instructed Advocate and to conduct the said appeal. The applicant/ accused ought to have been heard by the first appellate Court.

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Considering the submissions made on behalf of the applicant/ accused, it is felt just and necessary to set aside the impugned order and to afford another opportunity to the parties to have the issues between them decided on merits. Hence the order :

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Criminal Revision Application preferred by the applicant is allowed. Judgment and order dated 12/8/2011 passed

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Cri. Revn. Appln. No.13/2012

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by learned Sessions Judge, Ahmednagar in Criminal Appeal No. 40/2008 is set aside subject to the applicant/ accused depositing additional amount of Rs.1 Lakh in the appellate Court on or before 17th April 2012. Parties shall appear before the learned Sessions Judge, Ahmednagar on 17th April 2012 along with their duly instructed Advocates. Learned Sessions Judge, Ahmednagar shall hear the parties and shall dispose off the said appeal in accordance with law expeditiously as far as possible. Criminal Revision Application stands disposed off accordingly.

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Parties to act on authenticated copy of this order.

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fmp/crra13.12

Anil Sonyabapu Todmal v. Dnyandeo Nan Thevarkar and Anr.

Case brief

What is this about?

What did the court decide?

Anil Sonyabapu Todmal v. Dnyandeo Nan Thevarkar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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