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Bombay High CourtAPPLN/1680/2025application allowed

Dipak Bhausaheb More v. Rajaji Sonaji Budhwant

2025-05-09Hon'Ble Shri Justice Neeraj P. Dhote2 pages

Criappl-1680-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1680 OF 2025 IN CRIMINAL APPEAL NO.247 OF 2024 Dipak Bhausaheb More, Age: 47 years, Occu: Business, R/o: Flat No. 11, Atish Apartment, Satbhai Galli, Delhi Gate, Ahmednagar, Tq. and Dist. Ahmednagar.

... Applicant [Original Accused]

VERSUS

Rajaji S/o Sonaji Bhudhwant, Age: 59 years, Occu: Agri., R/o. Gulmohar Road, Tq. and Dist. Ahmednagar.

.... Respondent [Original Complainant / Appellant] ....

Mr. Shubham D. Jayabhar, Advocate for the Applicant Mr. Sandip R. Andhale, Advocate for the Respondent .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

09.05.2025 PER COURT :

1.

This Court had passed a detailed order dated 15/04/2025 in the Appeal and issued Non-Bailable Warrant against the Applicant, who is Respondent - Sole in the Appeal. 2.

Today, the Applicant is produced before this Court on execution of Non-Bailable Warrant. The Applicant is represented by the learned Advocate.

Criappl-1680-2025.odt 3.

The Appeal is against the acquittal for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. As the Applicant failed to appear in the matter despite the service of notice and Bailable Warrant, therefore, by the said order, Non-Bailable Warrant was issued.

4.

Today, the Applicant assures this Court that, he has engaged the Advocate to represent him in the Appeal and the learned Advocate for Applicant would attend the proceedings of the Appeal.

5.

The learned Advocate for the Applicant has submitted an Application for re-calling the order of issuing Non-Bailable Warrant.

6.

The learned Advocate for the Respondent submits that, some costs may be imposed on the Applicant.

7.

In view of the above, the Applicant is released on Bail on furnishing P. R. Bond of Rs.15,000/- [Rupees Fifteen Thousand Only] to be executed before the Registrar [Judicial] of this Court. 8.

Criminal Application stands disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/May-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 09/05/2025 17:35:07