Rajesh Yadav v. The State Of Maharashtra And ANR

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.04.11 16:22:37 +0530 SHAGUFTA Q PATHAN 16-WP-5847-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5847 OF 2021 Rajesh Yadav

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Prabhakar Pandey for the Petitioner Mr. A. R. Patil, A.P.P for the Respondent No.1-State None for the Respondent No. 2 CORAM : REVATI MOHITE DERE, J.

THURSDAY, 7 th APRIL 2022 P.C. :

Learned A.P.P raises a preliminary objection with respect to the maintainability of the petition.

The petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned Metropolitan Magistrate 43rd Court, Borivali, Mumbai in CC SQ Pathan 1/2

16-WP-5847-2021.doc No.4304917/SS/2016. Instead of filing an appeal challenging the said judgment and order of conviction and sentence, the petitioner has filed the aforesaid petition. The said petition is not maintainable. In view of the aforesaid, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to file appropriate proceedings as maintainable in law.

Petition is accordingly disposed of as withdrawn with liberty as prayed.

It is made clear that this petition has not been heard on merits and as such, all contentions of all parties are kept open. REVATI MOHITE DERE, J.

SQ Pathan 2/2