Dattatray Dhondiba Pawar v. The State Of Maharashtra And ANR

916_wp_1650_15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1650 OF 2015 Dattatray Dhondiba Pawar

...Petitioner

Versus

State of Maharashra & Anr.

...Respondents

------ Ms Rekha Singala for the Petitioner.

Smt. A.A. Mane, APP for the Respondent No.1State. Mr. Jatin Shah with Ms Snehankita Munj and Mr. P.Y. Shankar for Respondent No.2.

CORAM:-M.L. TAHALIYANI, J.

DATED :7th MAY, 2015.

P.C.

Admitted. Heard finally.

2.

Heard learned counsel for the Petitioner and Respondent No.2 and learned APP for the Respondent No.1-State. 3.

The Petitioner is convicted for the offence punishable under section 138 of the Negotiable Instruments Act. His appeal is admitted and he was directed to make payment of 25% of the compensation amount within a particular limit. The amount was not paid. Prayer for extension was made. It was rejected. Thereafter also megha Page No.1 of 2

916_wp_1650_15.doc again similar prayer was made, same was rejected. As such, this is going on since March-2014 and till today no payment is made. This Court is moved for grant of time to make payment. It appears that Petitioner wants to kill time by making frivolous petition. Petitioner has already consumed much more time than he had prayed time and again. It clearly indicates that he had no intention to deposit the amount as directed by the Appellate Court.

4.

Present petition is therefore, rejected. The cost of Rs.5,000/- is imposed on the Petitioner.

5.

The Petitioner shall move the Appellate Court for grant of prayer to deposit the amount. Said prayer will be decided on merits by the learned Appellate Court keeping in view the past conduct of the Petitioner.

5.

Hearing of the appeal be expedited and be decided within two months from the date of receipt of this order. Cost of Rs.5,000/- be paid to Respondent No.2.

6.

The petition stands disposed of accordingly.

(JUDGE) megha Page No.2 of 2