Allowed

Apsi Merwan Irani (Deceased) by His Lrs and Ors. an Aspi Irani and Ors. v. Sanjay Ramchandra Vyas and Anr.

Bombay HC9 Jun 2022IA/209/2022

Case brief

AI extract

What is this about?

In a criminal revision regarding a cheque dishonour under Section 138 NI Act, the High Court allowed an application to bring legal heirs of the deceased original complainant on record. The court condoned a delay in preferring the application and ordered the revision application to be amended within two weeks.

What did the court decide?

Permission granted to bring legal heirs of the deceased complainant on record; delay condoned; revision application to be amended within two weeks.

Apsi Merwan Irani (Deceased) by His Lrs and Ors. an… — Execution and Attachment | Bombay HC (2022)

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39-REVN-32-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 209 OF 2022
WITH
INTERIM APPLICATION NO. 210 OF 2022
IN

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CRIMINAL REVISION APPLICATION NO. 32 OF 2021

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Aspi Merwan Irani
(Deceased by his Legal Heirs
Merwan Aspi Irani & Ors. ...Applicants
IN THE MATTER BETWEEN :-
Sanjay Rameshchandra Vyas ...Applicant
Versus
The State Of Maharashtra And Anr. ...Respondents

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Mr. Jaideep Singh Khattar i/by the Fort Circle, Advocate for the
Applicant in Criminal Revision Application No.32 of 2021.

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Mr. Gautam T. Kanchanpurkar, Advocate for the Applicants in both
Interim Applications.

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Mr. A. D. Kamkhedkar, APP for the Respondent No.1 – State.

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CORAM : PRAKASH D. NAIK, J.
DATE: 9th JUNE, 2022.

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PER COURT:

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Interim Application No.209 of 2020 is for condonation

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of delay in preferring Interim Application No.210 of 2022 seeking
permission to bring the legal heirs of original complainant on
record. The original accused have preferred Criminal Revision
Application No.32 of 2021 challenging the judgment of conviction

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Digitally signed by SAJAKALI SAJAKALILIYAKAT LIYAKATJAMADARDate: Sajakali Jamadar JAMADAR 2022.06.10 18:57:05 +0530

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39-REVN-32-2021.doc

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passed by the trial Court for offence punishable under Section 138
of Negotiable Instruments Act, 1881, which was confirmed by the
appellate Court.

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The original complainant has expired on 11^th March, 2020. Pursuant to the judgment passed by the appellate Court partly allowing the appeal.

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Considering the fact that the applicants herein above are the legal heirs of the original complainant, who is expired, the application for bringing the legal hears on record can be allowed.

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In the interest of justice, delay in preferring such application is condoned.

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Interim Application No.209 of 2022 and 210 of 2022 are disposed of accordingly.

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Appropriate amendment may be carried out in the revision application. Amendment may be carried out within two weeks.

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Stand over to 4^th July, 2022.

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(PRAKASH D. NAIK, J.)

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Sajakali Jamadar

Apsi Merwan Irani (Deceased) by His Lrs and Ors. an Aspi Irani and Ors. v. Sanjay Ramchandra Vyas and Anr.

Case brief

What is this about?

What did the court decide?

Apsi Merwan Irani (Deceased) by His Lrs and Ors. an Aspi Irani and Ors. v. Sanjay Ramchandra Vyas 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

Case details

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