Vastalabai Waman Wankhede v. The State Of Maharashtra And ANR.

9 Apeal-853-2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 853 OF 2011 ALONGWITH INTERIM APPLICATION NO. 1026 OF 2024 Vastalabai Waman Wankhede ...Appellant vs.

The State of Maharashtra and Anr.

...Respondents

***** Ms. Zubi Ansari i/by Mr. Shaikh Shahid Irfan - Advocate for the Respondent No. 2 Mr. H. J. Dedhia - APP for the Respondent-State Later on Mr. Bhavin Jain i/by Mr. Ganesh Gole - Advocate for the Appellant ***** CORAM :

S. M. MODAK, J.

DATE :

11th MARCH 2024 P. C. :- 1.

No one is present on behalf of the Appellant. 2.

As submitted on the earlier date, learned Advocate for the Appellant has filed an interim application on behalf of the legal representatives of the deceased-Appellant. Even it is not placed alongwith this appeal. Trial Court has convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. Whereas this conviction was set aside by the Court of the Additional Sessions Judge, Greater Mumbai. That is why present Digitally signed by SEEMA KSHITIJ YELKAR Date:

2024.03.19 11:28:48 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

9 Apeal-853-2011.doc appeal on behalf of the original Complainant. 3.

The Complainant has already expired as informed to this Court on earlier date. Even this Court has granted time to bring his legal representatives. Even no steps are taken. It seems that legal representatives are not interested in prosecuting this appeal. 4.

Hence appeal is dismissed for non-prosecution. Later on 5.

Learned Advocate Shri Jain appeared and submitted that interim application for bringing legal representatives is already filed in the office in the month of February. Yet it is not numbered. Probably there may be office objections. The Court is not aware until now why they have not removed. The Court cannot grant indulgence to such negligent litigants.

6.

I am not intending to recall the Order already passed. If the legal representatives are really serious in prosecuting this appeal alongwith earlier interim application, they may file an application for restoration of the appeal.

7.

Request for granting last chance is rejected, because already this Court has granted sufficient opportunity for moving this application. [S. M. MODAK, J.] Seema 2/2