India Sme Reconstruction Co. Ltd. v. Mr.Bheesam Shethi And ORS.

6_wp_608_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.608 OF 2015 India SME Reconstruction Co. Ltd.

... Petitioner

Versus

Mr. Bheesam Shethi & Ors.

... Respondents ------ Ms Manisha Poladia i/b Apex Law Partners for Petitioner Mr. A.R. Patil, APP, for the Respondent No.3-State. CORAM:-M.L. TAHALIYANI, J.

DATED : -25/02/2015 P.C.

Heard learned Advocate for the Petitioner. This petition is filed only for seeking directions to the learned Chief Metropolitan Magistrate to restore the Criminal Case No.376/MA/2014. Learned counsel has submitted that a prayer was made before the Chief Metropolitan Magistrate for restoration of the case. However, learned Chief Metropolitan Magistrate orally informed that he had no authority to restore the dismissed application.

megha Page No.1 of 2

6_wp_608_2015.doc 2.

Since the criminal case was dismissed for default it is directed that it shall be restored to file and be heard in accordance with the law. 3.

The writ petition stands disposed of accordingly. (JUDGE) megha Page No.2 of 2