Areeb Rolling Mills Pvt. Ltd And ANR v. Jayprakash P. Sanganeria Through Poa Mrs. Anju And ANR

3-APL-747-2022.doc GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 747 OF 2022 WITH CRIMINAL APPLICATION NO. 748 OF 2022 Areeb Rolling Mills Pvt. Ltd. & Anr.

... Applicants V/s.

Jayprakash P. Sanganeria through POA Mrs. Anju & Anr.

... Respondents Mr. Neeraj Yadav, Adv. for the Applicants.

Mr. A. M. Saraogi, Adv. for Respondent no. 1. Mr. A. R. Patil, APP for the State/Respondent No. 2.

CORAM

: R. G. AVACHAT, J.

DATED : JANUARY 16, 2023 P.C. :

Heard.

1.

The challenge in these applications is to the orders of rejection of the applications of applicant/accused to permit him to examine himself in his defence.

2.

The ground cited for non-appearance of the applicant/accused before the Court was 'the heavy rains on 05/07/2022'.

3.

Without going into the merits of matters, these applications are being allowed in the interest of justice, subject to cost of Rs. 10,000/-, to be paid to the complainant.

3-APL-747-2022.doc 4.

It is informed that next date of the matters is '03/04/2023'. The matters be kept on 03/04/2023. The applicant/accused shall examine himself in his defence on the given date. The learned Magistrate shall proceed with the matters and then conclude the same finally within a time-frame of six months from the date of receipt of a copy of this order.

5.

Applications stand disposed of.

(R. G. AVACHAT, J.)