Mahesh Ghatge and Anr. Vs Sadique R. Siddique and Anr. — Bombay HC (2018) — LawSathi Research

Mahesh Ghatge and Anr. Vs Sadique R. Siddique and Anr. — Bombay HC (2018) — LawSathi Research

sr.3.appa.15.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.15 OF 2018 IN

CRIMINAL APPEAL NO. 944 OF 2017

Mahesh Ghatge and anr.

... Applicants

In the matter between

Sadique R. Siddique and anr.	...	Appellants.
V/s.
The State of Maharashtra & ors.	...	Respondents

Ms.Anuksha A.Shreshtha for the applicant.

Mr.Abhishek Gupta i/b. Mr.A. M. Sarogi for original appellant in Apeal.

Mr.S.V. Gavand, APP for the respondent/State.

CORAM : A.M.BADAR J.

DATED : 27^th FEBRUARY 2018.

P.C. :

Heard learned advocate appearing for the applicant / original respondent no.2.

She argued that the learned Trial Court is not allowing the applicant to surrender and therefore this application is moved.

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sr.3.appa.15.2018

After acquittal of respondent no.2 in the complaint regarding offence under section 138 of Negotiable Instrument Act, 1881, the original complainant filed an appeal before this Court and the said appeal came to be admitted vide order dated 8^th November, 2017 and consequently action under section 390 of Cr.P.C. was ordered by this Court (Coram : Smt.Anuja Prabhudesai, J) .

In this view of the matter, the instant application as framed and filed, is not maintainable before this Court. The application is therefore rejected.

(A.M.BADAR J.)

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