Dipak S/O Bhaskar Rane v. Mrs Vasundhara S/O Nilkanth Choudhary And Others

915_APPLN19117.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 191 OF 2017 IN CRIMINAL APPLICATION NO. 3384 OF 2016 WITH CRIMINAL APPLICATION NO. 190 OF 2017 IN CRIMINAL APPLICATION NO. 3385 OF 2016 Dipak Bhaskar Rane ..APPLICANT

VERSUS

Vasundhara Nilkanth Choudhary and Others ..RESPONDENTS ....

Mr. C.T. Jadhav, Advocate for applicant.

....

CORAM : T.V. NALAWADE, J.

DATED : 17th JANUARY, 2017 ORDER :

1.

Criminal Application No. 191 of 2017 is filed for restoration of Criminal Application No. 3384 of 2016 which is dismissed due to absence of Counsel for applicant and Criminal Application No. 190 of 2017 is filed for restoration of Criminal Application No. 3385 of 2016 which is also dismissed due to absence of Counsel for applicant. The proceedings which are dismissed were filed for quashing of two private complaints filed under Section 138 of the Negotiable Instruments Act, 1881. Delay is 1 / 2

915_APPLN19117.odt also caused in filing applications for restoration. Heard learned Counsel for applicant in both proceedings.

2.

Learned Counsel for applicant has taken blame to himself and orders made also show that due to absence of Counsel for applicant, orders were made. In view of this circumstance and as the Counsel has taken blame to himself, this Court holds that delay needs to be condoned and applications for restoration need to be allowed. 3.

In view of this, delay is condoned. Applications for restoration are allowed. Orders of dismissal are set aside. Both matters are restored to same numbers and at the same stage.

( T.V. NALAWADE, J. ) SSD 2 / 2