Ashwini Shivaji Mankar v. Shalan Rohidas Shitole And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.488 OF 2023 Ashwini Shivaji Mankar .... Petitioner versus Shalan Rohidas Shitole & Anr.

.... Respondents .......

• Mr. Ganesh Bhujbal, Advocate for Petitioner. • Mr. A. R. Patil, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 03rd AUGUST, 2023 P.C. :

1.

This Petition is filed by the original complainant for expediting the hearing of SCC No.15758/2017 pending before the Judicial Magistrate (A/C), Pune, for the offence punishable u/s 138 of the Negotiable Instruments Act.

2.

Learned counsel for the Petitioner submitted that the statement of the accused/Respondent No.1 is already recorded Digitally signed by MANUSHREE NESARIKAR Date:

2023.08.05 11:34:48 +0530 u/s 313 of Cr.P.C. The trial is at the concluding stage, but it is MANUSHREE NESARIKAR getting delayed.

Nesarikar

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Considering these submissions and also taking into account the fact that the trial is pending since the year 2017, there is no reason as to why it cannot conclude within a reasonable time. No parties can be prejudiced if the trial is decided expeditiously.

4.

Hence, the following order :

O R D E R

(i) The trial Court is directed to conduct the trial without giving unnecessary adjournments to either of the parties. The Court shall give sufficient opportunity to both the sides. At the same time, the Court shall curtail any attempt of prolonging the trial unnecessarily.

(ii) With these observations, the Petition is disposed of.

(SARANG V. KOTWAL, J.)