Dismissed

Deena Suresh Valani v. the State of Maharashtra and Ors.

Bombay HC11 Dec 2017WP/2106/2017

Case brief

AI extract

What is this about?

The High Court held that time bound directions cannot be issued for Section 138 NI Act cases filed in 2015 and 2016 given the trial court's workload. It directed the trial court to decide the cases involving senior citizens as expeditiously as possible.

What did the court decide?

No specific time bound programme for disposal; direction to trial court to decide cases expeditiously.

Deena Suresh Valani Vs the State of Maharashtra and Ors. — Service and Employment | Bombay HC (2017)

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osk 41-wp-2104-2017 & Ors.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 2104 OF 2017

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M/s.Asona Paints Stratum Pvt. Ltd. Through Suresh Valvani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 2105 OF 2017

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Suresh Amulakh Valani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 2106 OF 2017

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Deena Suresh Valani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 2107 OF 2017

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Shree Riddhi Siddhi Consultancy Through Prop. Suresh Valani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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Mr.Kaushal Thakkar for the Petitioner. Mr.H.J. Dedia, A.P.P. for Respondent No.1-State Mr.Umesh S. Iyer i/b. Mr.Prateek Sanghvi for Respondent Nos.2 and 3.

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osk 41-wp-2104-2017 & Ors.odt

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CORAM : DR.SHALINI PHANSALKAR-JOSHI, J. DATE : 11^th DECEMBER, 2017.

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P.C. :

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1] These Writ Petitions are filed seeking directions to the learned Metropolitan Magistrate, 43^rd Court, Boriwali to expedite and time bound the hearing of the Criminal cases pending before it which are filed under Section 138 of the Negotiable Instruments Act, 1881. It is submitted that the Petitioners herein are the original Complainants and they are Senior Citizens and therefore it has become necessary to give some directions to the trial Court to expedite the hearing of these cases and make the disposal of those cases time bound.

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2] Learned counsel for the Respondents points out that there were in all 11 cases filed by the Petitioners against the Respondents. Out of them, 4 cases are amicably settled and hence disposed off. In 2 cases the cross-examination of the Complainant is in progress.

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3] In view thereof, as these cases are filed only in the year 2015 and 2016 and considering the work load before the trial Court, it

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osk 41-wp-2104-2017 & Ors.odt

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would be not proper for this Court to give any time bound programme for disposal of these cases. However, having regard to the submission that the Petitioners herein are the Senior Citizens, it is expected that the trial Court will decide those cases as expeditiously as possible.

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4] All Writ Petitions are disposed of accordingly.

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[DR.SHALINI PHANSALKAR-JOSHI, J.]

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Deena Suresh Valani v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Deena Suresh Valani v. the State of Maharashtra and Ors.

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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