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Bombay High CourtAPPA/552/2016others disposed off

Mahendra @ Bablu Shivaji Pardeshi v. Ashish Vitthal Sable And ANR

2018-02-08Hon'Ble Shri Justice A.M. Badar2 pages

(27)APPANo.5522016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.552 OF 2016 IN CRIMINAL APPEAL NO.1055 OF 2013 Mahendra @ Bablu Shivaji Pardeshi ...

Applicant V/s.

Ashish Vitthal Sable & Anr.

...

Respondents .....

Mr.Tushar N. Sonawane, Advocate for the Applicant. Mr.S.V.Gavand, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 8th FEBRUARY 2018.

P.C. :

This is an application for early hearing of the appeal challenging acquittal of the respondent No.1 of the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Advocate for the applicant submits that the applicant is in need of money and, therefore, the appeal is expedited.

Unfortunately, such request cannot be accepted in view of decision in the matter of Hussain & Anr. v. Union of India Gaikwad RD 1/2

(27)APPANo.5522016 reported in 2017 (5) SCC 702 in the wake of pendency of several appeals before this Court in which many of the appellants have literally undergone ten years jail sentence and are still languishing in jail.

The application is, therefore, rejected.

(A.M.BADAR J.) Gaikwad RD 2/2