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Bombay High CourtIA/3886/2022disposed off

Narayanrao Ganapatrao Jadhav (Since Deceased Through His Legal Heirs) Abhijeet Tulsidas Jadhav v. Swami Vivekanand Adarsh Vikas Shikshan Sanstha And ORS.

2022-12-01Hon'Ble Shri Justice Amit Borkar2 pages

TAUSEEF LAIQUEE FAROOQUI Tauseef Farooqui 04-IA.3884.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION TAUSEEF LAIQUEE FAROOQUI Date: 2022.12.03 12:10:10 +0530 INTERIM APPLICATION NO.3884 OF 2022 IN CRIMINAL REVISION APPLICATION NO.108 OF 2022 Narayan Ganpatrao Jadhav (Deceased Through his Legal Heirs Mr. Abhijit Tulshidas Jadhav) ...Applicants V/s.

Vandana Chandrakant Deshmukh & Anr.

...Respondents

WITH INTERIM APPLICATION NO.3885 OF 2022 IN CRIMINAL REVISION APPLICATION NO.109 OF 2022 Narayan Ganpatrao Jadhav (Deceased Through his Legal Heirs Mr. Abhijit Tulshidas Jadhav) ...Applicants V/s.

Chandrakant Ramchandra Deshmukh & Anr. ...Respondents WITH INTERIM APPLICATION NO.3886 OF 2022 IN CRIMINAL REVISION APPLICATION NO.111 OF 2022 Narayan Ganpatrao Jadhav (Deceased Through his Legal Heirs Mr. Abhijit Tulshidas Jadhav) ...Applicants V/s.

Swami Vivekanand Adhar Vikas Shikshan Sanstha & Ors.

...Respondents

***** Mr. Tejas Hilage for Applicants.

Mr. Aditya S. Raktade for Respondent No.2 & Applicant in IA. *****

Tauseef Farooqui 04-IA.3884.2022.doc

CORAM

:

AMIT BORKAR, J.

DATE :

DECEMBER 01, 2022 P.C.:

1.

All these Applications have been filed by legal representatives of original complainant in proceedings under Section 138 of Negotiable Instruments Act, 1881. 2.

In that view of the matter, the Applications to bring applicants themselves on record needs to be allowed. 3.

Learned advocate for the accused states that as of today, he has no material to show that the applicants are not the legal representatives. There is no dispute about the fact that the applicants are the children of original complainant. 4.

In that view of the matter, the Application to bring applicants as heirs and legal representatives of original complainant is allowed. Subject to filing an Application for modification of order, in case the accused gets any material to show that there are other legal representatives of original complainant.

5.

Applications are allowed, subject to the condition as stated above. Amendment to be carried out within two (2) weeks from today.

6.

Stand over to 24th January 2023.

(AMIT BORKAR, J.)