M/S D M Nangia Through Its Partner Anilkumar Mohanlal Nangia v. Shiraz Mohamadalli Sajan And ANR

16-crwp4458-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4458 OF 2022 D.M. Nangia, through its partner Anilkumar Mohanlal Nangia ... Petitioner V/s.

Shiraz Mohamadalli Sajan & Anr.

... Respondents Mr. Amol Gatne for the petitioner.

Digitally signed by ATUL GANESH KULKARNI Date:

2022.12.16 11:42:38 +0530 ATUL GANESH KULKARNI Ms. G.P. Mulekar, APP for respondent no.2/State. CORAM :AMIT BORKAR, J.

DATED :DECEMBER 15, 2022 P.C.:

1.

By the impugned order, the learned Magistrate has cancelled non-bailable warrant subject to payment of cost of Rs.1,000/- (Rupees One Thousand Only). The grievance made by the petitioner is that the petitioner being of advance age and the accused remaining consistently absent, the trial has neither commenced nor proceeded with.

2.

In my opinion, the learned Magistrate has directed the accused to remain present on the next date. It is further directed that the accused shall remain present unless exempted by the learned Magistrate.

16-crwp4458-2022.doc 3.

In that view of the matter, nothing remains to be decided in the present writ petition.

4.

The order of cancellation of non-bailable warrant does not suffer from perversity. The writ petition is, therefore, dismissed. No costs.

(AMIT BORKAR, J.)