Kadir Kadar Memon v. Nuruddin T. Hussain Nagarwala And ORS.

(33) APPLN-660-18.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D. Pandit CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 660 OF 2018 Bharat D. Pandit Date: 2019.11.20 15:34:09 +0530 (For condonation of delay) Mr. Kadir Kadar Memon ...... Applicant.

V/s Mr. Nuruddin T. Hussain Nagarwala and Ors.

...... Respondents.

---- Mr. Adwait Bonde for the Applicant.

Mr. Y.G. Thorat a/w Mr. Ashok Tajane for Respondent Nos. 1 and 2. Mr. S. V. Gavand, APP for the State.

---- CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 19, 2019 P.C.:- 1] The complaint preferred under Section 138 of the Negotiable Instruments Act, came to be dismissed by the learned Magistrate on 27/02/2015. The application for restoration of complaint was filed immediately thereafter on 01/04/2015, which came to be rejected on 01/09/2018.

2] Since complainant was pursuing remedy, may be before wrong 1/2

(33) APPLN-660-18.doc forum, case for consideration of sufficient cause is made out. As such, delay stands condoned, subject to payment of costs of Rs 5,000/- to be payable to non-applicant in the present proceedings within a period of two weeks from today, which the non-applicant is entitled to withdraw.

3] Application is disposed of in the aforesaid terms. ( NITIN W. SAMBRE, J. ) 2/2