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Bombay High CourtAPPLN/2925/2023application allowed

Sunil Ram Muratsingh Verma v. Suryachandra S/O. Lalmani Dubey And Another

2023-08-07Hon'Ble Shri Justice S. G. Mehare2 pages

49-appln-2925-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2925 OF 2023 IN REVN/373/2019 SUNIL S/O. RAM MURATSINGH VERMA

VERSUS

SURYACHANDRA S/O. LALMANI DUBE AND ANOTHER ...

Advocate for Applicants : Mr. C.C. Deshpande APP for Respondent/State : Mr. S.B. Narwade Advocate for Respondent No.1 : Mr. C.V. Thombre ...

CORAM : S. G. MEHARE, J.

DATED : AUGUST 07, 2023 PER COURT :- 1.

The applicant has filed the present application for cancellation of non-bailable warrant issued against him. The office to receive the application.

2.

Heard the respective counsels.

3.

Learned counsel for the respondent/complainant as usual argued that till date, not a single penny is paid to the respondent. He is avoiding the payment and protracting the trial. However, the issue before this Court is whether non-bailable warrant should be called back or not.

4.

Perused the application. Considering the grounds for cancellation of non-bailable warrant, the Court is satisfied that those

49-appln-2925-2023.odt are reasonable grounds for his failure to appear in the Court. Learned counsel for the applicant made a statement that the nonbailable warrant is yet not served. Hence, the application deserves to be allowed.

ORDER

(i) The application is allowed.

(ii) The order of issuing non-bailable warrant against the applicant dated 20.07.2023 is called back, if the warrant is not executed.

(S. G. MEHARE, J.) Mujaheed/-