Bombay High CourtAPPLN/657/2018others disposed off

Vinod B More v. The State Of Maharashtra And ANR.

2019-11-22Hon'Ble Justice Revati Mohite Dere2 pages

appln.657.18.920.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 657 OF 2018 Vinod B. More ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. A. M. Saraogi for the Applicant Ms. Veera Shinde, A.P.P for the Respondent No.1-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 22 nd NOVEMBER 2019 P.C. :

Heard learned counsel for the applicant and learned A.P.P for the respondent No. 1-State.

The only grievance of the learned counsel for the applicant is that the learned Sessions Judge, Dindoshi, Mumbai, has not heard Criminal Misc. Application No. 121/2017 (delay condonation application) in Appeal preferred by the applicant, till date. He submits that since the said application is pending since 2017 and since respondents have been served in the said Misc. Application, the learned Sessions Judge be directed to decide the said delay condonation application, as expeditiously as possible. He submits that since the said delay condonation application has not been heard till date, there is a warrant standing in the name of the applicant. SQ Pathan 1/2

appln.657.18.920.doc Perused the papers. It appears that the applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, by the trial Court. Against the said judgment and order of conviction and sentence, the applicant preferred an appeal in the Sessions Court along with an application for condonation of delay of 38 days in filing the said appeal. The said application was numbered as Misc. Application No. 121/2017. It is informed that notices issued by the learned Additional Sessions Judge, Dindoshi, Mumbai, have been served on the respondents. It appears that the said application is pending since 2017. Considering the aforesaid, the learned Additional Sessions Judge, Dindoshi, Mumbai, to decide the Misc. Application No. 121/2017 as expeditiously as possible and in any event, on or before 30th January 2020. Application is disposed of accordingly.

REVATI MOHITE DERE, J.

SQ Pathan 2/2