Rahul Gupta Representative Of M/S. Alpine Distrinutors Pvt Ltd @ M/S. Saffron Developers v. The State Of Maharashtra And ORS

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4898 OF 2017 Rahul Gupta, Director and Authorized Representative of M/s.Alpine Distributors Pvt. Ltd.

@M/s.Saffron Developers Pvt. Ltd.

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr.V.J.Bhanushali, for the Petitioner.

Mr.H.J.Dedhia, A.P.P for the Respondent No.1-State. CORAM : REVATI MOHITE DERE, J.

DATE : 14th FEBRUARY, 2018 P.C. :

1.

Heard the learned counsel for the petitioner. 2.

By this petition, the petitioner has sought a direction that the learned Metropolitan Magistrate, 44th Court at Andheri, Mumbai, be directed to dispose of Criminal Case No.2167/SS/2016 in a time bound manner i.e. within six months.

2/3 3.

Learned Counsel for the petitioner submits that the petitioner is a resident of Dubai and is required to come for the case from Dubai. He states that atleast, the learned Magistrate be directed to complete the recording of the complainant's/petitioner's evidence in a time bound manner.

4.

Perused the papers. The case is of the year 2016. The petitioner/complainant has lodged a complaint in the Court of the learned Metropolitan Magistrate, 44th Court at Andheri, Mumbai, as against the respondent-accused, for the alleged offences punishable under Sections 138 r/w 141 of the Negotiable Instruments Act. It appears that the petitioner is a resident of Dubai and is an NRI. It appears that the petitioner's/complainant's examination-in-chief was over in April, 2017 and thereafter, dates were being taken by the respondent-accused, to cross examine the petitioner-complainant, on some pretext or the other. 5.

In the facts of the case, considering the aforesaid, the learned Metropolitan Magistrate, 44th Court at Andheri, Mumbai, is directed to record the petitioner's/complainant's cross examination, as expeditiously

3/3 as possible and in any event before 31st March, 2018. The proceeding pending before the Trial Court is also expedited. 6.

Petition is allowed and disposed of in above terms. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.