Chirag Vinodkumar Pittie v. The State Of Maharashtra And Another

2025:BHC-AUG:30506 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 477 OF 2025 CHIRAG VINODKUMAR PITTIE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for the Petitioner : Mr. V. D. Hon, Senior Advocate APP for Respondent-State : Mr. S. M. Ganachari Advocate for Respondent No. 2 : Mr. V. A. Bagdiya ...

CORAM : SACHIN S. DESHMUKH, J.

Date : 12th September, 2025 ORDER :- 1.

The petitioner has challenged the order dated 01.07.2023 of issuance of process under Section 204 of Code of Criminal Procedure rendered by the learned Judicial Magistrate First Class, Aurangabad for the offence punishable under Section 138 of Negotiable Instruments Act in Summary Criminal Case No.8153 of 2022.

2.

Raising challenge to the said order, the petitioner presented revision application alongwith Criminal Misc. Application No. 520 of 2024 before the learned Additional Sessions Judge, Aurangabad, along with an application seeking condonation of delay. The learned Additional Sessions Judge rejected the application for condonation of delay on the ground that no sufficient cause was shown to condone the delay of 396 days in filing the revision application.

-2Hence, petitioner approached this Court by filing the present writ petition.

3.

Heard the learned counsel for litigating sides. Perused the record made available.

4.

Learned Senior Advocate, on instructions, has not pressed the remaining prayers made in the petition. Needless to state that all the points are kept open for adjudication by the concerned Court.

5.

Perusal of the impugned order indicates that the learned Additional Sessions Judge has adopted a technical approach by rejecting the application for condonation of delay. In my considered view, the delay deserves to be condoned for the reasons stated in the application which sufficiently offers an explanation and justification for the delay.

6.

Thus, in the interest of justice, the delay in filing the revision application is hereby condoned. The original proceeding is restored before the concerned Sessions Court and the same shall be decided on merit, subject to depositing the costs of Rs.10,000/- (Rs. Ten Thousand Only) with the trial Court, payable towards to the complainant.

7.

With the above directions, this writ petition is disposed of.

-3- (SACHIN S. DESHMUKH, J.) Omkar Joshi