Deepak Harlal Gavale v. Jalgaon Udyojak Nagari Sahakari Patsanstha Ltd., Jalgaon Through Nilesh Sanjay Bhamre And Another

Cri. W.P. No.1187/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1187 OF 2022 Deepak s/o Harlal Gavale ... PETITIONER

VERSUS

Jalgaon Udyojak Nagari Sahakari Patsanstha Ltd. & anr.

... RESPONDENTS .......

Mr. T.K. Sant, Advocate for petitioner Mr. S.V. Dixit, Advocate for respondent No.1. Mr. A.A. Jagatkar, A.P.P. for respondent No.2 .......

CORAM :

R.G. AVACHAT, J.

DATE : 24th MARCH, 2023 PER COURT :

Heard. The petitioner herein was an accused in a complaint instituted under Section 138 of the Negotiable Instruments Act. He has been convicted by the trial Court and, therefore, preferred appeal against his conviction. Before the appellate Court, the petitioner preferred an application for striking of his evidence given on affidavit. In support of his claim, he relied on the Apex Court judgment in case of Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore [2010 (4) Mh.L.J. 220], besides other authorities of this Court. The appellate Court

Cri. W.P. No.1187/2022 :: 2 ::

rejected his application and, therefore, the petitioner is before this Court.

2.

Perused the authorities relied on. It would not be desirable to make any observations regarding the claim made by the petitioner herein since the substantive appeal against conviction is pending before the appellate Court. Purpose would be served if the appellate Court is directed to decide the appeal within a time-frame of two months from the date of receipt of copy of this order. The petition is accordingly disposed of with directions to the appellate Court to decide the appeal within a period of two months from the date of receipt of copy of this order.

(R.G. AVACHAT, J.) fmp/-