Sadashiv Balaji Karale v. The State Of Maharashtra And Another

2025:BHC-AUG:36815 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1204 OF 2021 (Sadashiv Balaji Karale Vs. The State of Maharashtra and another) Mr.S.V.Suryawanshi, Advocate for respondent No.2. Mr.V.M.Lomte, APP for respondent No.1/State.

( CORAM : SUSHIL M. GHODESWAR, J. ) DATE : 23 DECEMBER, 2025 PER COURT :

1.

This is a motion for "speaking to the minutes" of the order dated 22.12.2025.

2.

It is submitted by the learned Advocate Mr.Suryawanshi that his name is not mentioned in the appearance of the order. He further seeks correction in paragraph No.3. Instead of the learned APP Mr.Lomte, he requests to add his name in the first line, as those submissions are made by him. He further requests to replace the word "Trial Court" in paragraph No.7, line No.3, with word "Appellate Court".

3.

Motion stands allowed. Corrections be carried out forthwith and corrected order be uploaded accordingly. ( SUSHIL M. GHODESWAR, J.)

- 2 - (This order dated 22.12.2025 stands corrected and uploaded in view of the order dated 23.12.2025 passed on the motion for "speaking to the minutes" of the order.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CRIMINAL WRIT PETITION NO. 1204 OF 2021 SADASHIV BALAJI KARALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Mr V. M. Lomte, APP for Respondent No.1/State Mr.S.V.Suryawanshi, Advocate for respondent No.2. CORAM : SUSHIL M. GHODESWAR, J.

DATE : 22th DECEMBER 2025 P. C. :

1.

The petitioner has approached this Court challenging the order dated 05/10/2021, passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Appeal No.52/2021, wherein he was directed to deposit 20% of compensation amount till 12/10/2021. The said order was passed in appeal against acquittal for the purpose of suspending his sentence.

- 3 - 2.

This Court, while issuing notices to the respondents, vide order dated 05/09/2022 had stayed the aforesaid order on the condition that the petitioner shall deposit 10% of compensation amount with the Trial Court within a period of ten days.

3.

Learned Advocate Mr.Suryawanshi for respondent No.2 submits that, even the amount of 10% compensation amount as directed by this Court is not deposited by the petitioner before the Appellate Court. Since the amount is not paid the appeal did not proceed further. 4.

Though this matter was listed on various occasions, no any attempt was made on the part of the petitioner/accused, either to deposit the 10% of compensation amount or to submit before this Court that the order of this Court dated 05/09/2022 is complied with or not. 5.

It seems that the petitioner is not serious in prosecuting the instant petition. The Court cannot come to aid of such litigant, who is not ready to show his bona fide. Having failed to comply with the order of this Court dated 05/09/2022, interim relief granted vide the said order automatically stands vacated.

- 4 - 6.

In that view of the matter, this petition fails and same is dismissed.

7.

Since the petitioner is challenging his conviction under Section 138 of the Negotiable Instruments Act which is pending since 2021, the Appellate Court is directed to be decided the same within six months.

[SUSHIL M. GHODESWAR, J.] sjk