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Bombay High CourtWP/560/2018others disposed off

Rajaram Ganpat Narvekar v. Vivek Vinayak Naik And ANR

2018-02-26Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 WP 560 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 560 OF 2018 Rajaram Ganpat Narvekar

...Petitioner

Vs.

Vivek Vinayak Naik and Anr.

...Respondents

****** Mr. Madan Gupta i/b. Mukesh J. Pabari for Petitioner Mr. P.H. Gaikwad -APP for the State.

****** CORAM : NITIN W. SAMBRE, J.

DATE :

FEBRUARY 26, 2018.

P.C.

1.

Having heard the learned counsel for the Petitioner, the order to be passed by this Court is innocuous and, as such, the notice to the Respondent is dispensed with.

2.

This writ petition can be conveniently disposed of with following observations:

(i) The Learned Appellate Court before whom Appeal No. 24 of 2018 preferred by the Appellant is pending, shall deal with the legal Tikam

2 WP 560 of 2018 submissions of the Petitioner-Appellant in regard to the maximum compensation to be awarded while convicting the Appellant- Petitioner for the offence punishable under section 138 of the Negotiable Instruments Act;

(ii) The Petitioner is at liberty to take out an application before the Learned Appellate Court within a period of two weeks from today; (iii) The order of suspension of sentence passed by the Learned Trial Court on 6th January, 2018 is further extended by four weeks from today.

(iv) After such an application is moved by the Petitioner, same be considered and decided on its own merits by the Learned Appellate Court, expeditiously.

With the above observations, writ petition stands disposed of in the aforesaid terms.

[NITIN W. SAMBRE, J.] Tikam