Santosh Motilal Sanghvi v. Tushar Namdeo Walunj And ANR

1 29b) alp516-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.516 OF 2019 (FOR LEAVE) Santosh Motilal Sanghvi ..Applicant.

V/s.

Tushar Namdeo Walunj & Anr.

..Respondents.

Mr.Chandrika S.Zende i/b. Jayesh Kocheta for the applicant. Mr.A.A. Palkar, APP for the respondent-State. CORAM : NITIN W.SAMBRE, J.

DATE : DECEMBER 6, 2019 P.C. :- Heard learned counsel for the applicant.

2.

The applicant initiated complaint in 2011 which came to be dismissed on April 7, 2016.

3.

Submissions are, the complainant was not keeping well and reliance is placed on the doctor's certifcate dated April 15, 2016 wherein it is shown that the applicant-accused was sufering from Viral fever and rheumatic arthritis and he was advised rest for three-four months.

4.

This Court upon perusal of the said certifcate is of

2 29b) alp516-19.doc the opinion that the certifcate was issued by the doctor for covering the default of the applicant and his advocate. 5.

The applicant has not approached this Court with clean hands. Leave is refused. The application is rejected. (NITIN W.SAMBRE, J.)