Abhijit Bhimrao Yadav v. Gajanan Enterprises Through Dilip Mohanrao Patil And ORS.

4.WP3713_2018.doc Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3713 OF 2018 Abhijit Bhimrao Yadav ...

Petitioner vs.

Gajanan Enterprises & Ors.

...

Respondents Mr. Girish R. Agarwal a/w. Mr. Sachin S. Padaye, Advocate for the petitioner.

Mr. Roshan S. Tanna, Advocate for respondent no. 1. Mr. Vinod Chate, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 3rd April, 2019 P.C. :

The Criminal complaint bearing No. S.C.C. No. 849 of 2014 filed by respondent no. 1 before Judicial Magistrate First Class, Karad is pending since 2014. The petitioner/accused is prosecuted for the offences punishable under section 138 of Negotiable Instruments Act. He has challenged No Cross order passed by the learned Judicial Magistrate First Class, Karad on 23rd August, 2017. He moved the Application for setting aside the said order, however, the said Application was rejected on 2nd May, 2018. He again moved the Application and it was rejected on 6th August, 2018. Hence, this Writ Petition.

4.WP3713_2018.doc 2.

The learned counsel for the petitioner submitted that cross is to be allowed. The petitioner is ready to conduct the crossexamination as and when fixed by the learned trial Judge. 3.

The learned counsel for the respondents opposed this Petition and submitted that the petitioner/accused remained absent on number of occasions and prays for costs. 4.

The matter is pending since 2014 and hence it is to be expedited on or before 31st August, 2019. The order of No cross and further two orders of rejecting the Application for No Cross are set aside subject to payment of Rs.5000/- to the complainant which can be paid directly in the Court to the complainant. 5.

Parties to cooperate the trial Court and the trial Court to proceed with the matter. The petitioner/accused hereafter shall not remain absent on any date unless the permission is sought before hand.

6.

Writ Petition is allowed.

(MRIDULA BHATKAR, J.)