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Bombay High CourtWP/56/2015dismissed

Shri. Namdeo Ramchandra Kadu v. Eknath Savleram Khatre

2016-04-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

criwp56.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 56 OF 2015 Namdeo Ramchandra Kadu ..PETITIONER

VERSUS

Eknath Savleram Khatekar ..RESPONDENT Petitioner in person CORAM : N.W. SAMBRE, J.

DATE : 6th April, 2016 ORAL ORDER :

Perused the order dated 4th February, 2016 of this Court in present writ petition. Petitioner - party-in-person has mentioned the matter out of turn before this Court.

2.

Present Criminal Writ Petition is against the order of acquittal of the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, by the learned Judicial Magistrate First Class, Rahuri against which revision preferred by the petitioner also came to be dismissed.

3.

Against the order of acquittal and dismissal of Criminal Revision, in my opinion, the writ petition is not tenable.

criwp56.15 (2) 4.

Apart from above, it is noted that petitioner has not engaged any lawyer and appearing in person, is not aware about the Court process and manner of filing the petition. Every time, whenever he appears before the Court, he gives excuses that he is a poor person and handicapped. 5.

In this background, it will be open for present petitioner to approach before the committee constituted under the relevant rules, which upon over-all analysis of the party-in-person certifies his fitness for appearance before the Court.

6.

Admittedly, in the present case, the said procedure has not been followed.

7.

Matter be placed before the appropriate Committee for certification. As observed hereinabove, present writ petition is not tenable. Time of three weeks, by way of last chance is given to the petitioner to take appropriate steps for conversion of the present matter and for removal of the office objections, failing which the petition shall stand dismissed without further reference to the Court.

(N.W. SAMBRE, J.) sjk