Hiroo Hotchand Advani v. India Infoline Finance Limited And ORS

43-apl-693-23 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 693 OF 2023 Hiroo Hotchand Advani ..Applicant.

Versus

India Infoline Finance Limited & Ors.

..Respondents __________ Mr. Sheikh Yusuf Ali for Applicant.

Mr. Nihar Ghag a/w. Omar Khaiyam Shaikh i/b. Vikas Salvi & Associates for Respondent No.1.

Ms. Sangita D. Shinde, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 4 DECEMBER 2023 PC :

1.

Learned counsel for the Applicant submits that the applicant is desirous of availing alternate remedy of filing a criminal revision application before the Court of Sessions challenging the order of issuance of process. He further submitted that, there would be delay in preferring the revision application. He further submitted that, he was served with the summons much belatedly and, therefore, he could not have immediately filed the revision application challenging the order of issuance of process. He seeks permission to withdraw this application with liberty to Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.12.06 11:16:36 +0530 VINOD BHASKAR GOKHALE

43-apl-693-23 approach the Court of Sessions for filing the revision application along with an application for condonation of delay. 2.

Considering this request, permission is granted. The application is allowed to be withdrawn with liberty to the applicant to prefer the revision application before the Court of Sessions challenging the order of issuance of process along with an application for condonation of delay.

3.

If such revision application and application for condonation of delay are filed, they shall be decided on their own merits and in accordance with law. All the questions raised on the merits of the matter are left open.

4.

With this observation the application is disposed of. (SARANG V. KOTWAL, J.)