Laxmikant Parbhakarrao Kawathekar v. Ambadas Wamanrao Unde

7 appln.5270.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 5270 OF 2016 IN WP/613/2007 LAXMIKANT PARBHAKARRAO KAWATHEKAR

VERSUS

AMBADAS WAMANRAO UNDE, DIED THROUGH HIS L.RS. SMT. GODABAI AMBADAS UNDE AND OTHERS ...

Advocate for Applicant : Mr. S. C. Yeramwar.

...

CORAM :

V. K. JADHAV, J.

DATE :

22nd November, 2016.

P.C.:

.

Heard the learned counsel for the Applicant.

Even though the legal heirs of the original Respondent / Accused are duly served, none appears for them. The Applicant / original Complainant has filed criminal writ petition challenging the judgment and order passed by 1st Ad-hoc Additional Sessions Judge, Parbhani in Criminal Appeal No.43 of 2003, thereby reducing the amount of compensation as awarded by the Trial Court in a complaint filed under Section 138 of the Negotiable Instruments Act. The Applicant / original Complainant if succeeds, the amount of compensation would be recovered from the estate of the Respondent / original Accused. In view of this, the legal heirs of the Respondent /

7 appln.5270.16.odt original Accused are the necessary parties, who are now representing the estate of the deceased Respondent / original Accused. In view of this, there is no question of condonation of delay or setting aside the abatement as such.

In view of this, the criminal application is allowed in terms of prayer clause (C). Criminal application is accordingly disposed of. [ V. K. JADHAV, J. ] ndm