Shri.Rameshwar Sahahkari Sakhar Karkhana Ltd. v. Shivaji Jaggannath Sudke

1 Cr. Appln. 6776/2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6776 OF 2013 AND CRIMINAL APPLICATION NO. 6775 OF 2013 Shri Rameshwar Sahakari Sakhar Karkhana Ltd.

.. Applicant Vs.

Shivaji Jaggannath Sudke .. Respondent ---- Mr. Pradeep B. Salunke, Advocate for the applicant Mr. P.A. Bharat, Advocate for the respondent ---- CORAM : M.T. JOSHI, J.

DATE : 20/03/2015 ORAL ORDER :

1.

Heard.

2.

For the reasons stated in the application, delay of 20 days caused in filing application for leave to file appeal, is condoned. Criminal Application no. 6776 of 2013 stands allowed accordingly.

3.

Upon hearing learned counsel for the parties, leave to file appeal is hereby granted. Criminal Application no.6775 of 2013 seeking leave to file appeal is allowed. The appeal be registered.

2 Cr. Appln. 6776/2013 4.

The appeal stands admitted upon registration thereof. With consent of both sides, the appeal is taken up for hearing.

5.

The complaint of the present applicant for the offence punishable under section 138 of the Negotiable Instruments Act was dismissed by the learned Judicial Magistrate First Class, Bhokardan solely on the ground that the Police could not serve non-bailable warrant on the present respondent, who remained absent in the proceedings despite earlier service of the summons. Thus, the present applicant is punished for the negligence of the Police time and again. In the circumstances, the learned Judicial Magistrate First Class ought to have taken action against the Police who failed to serve the non-bailable warrant on the respondent.

6.

The respondent has appeared in the present proceedings. In the circumstances, the appeal is allowed. The order of the learned Judicial Magistrate First Class, Bhokardan is set aside. Both the sides are directed to appear before the learned Judicial

3 Cr. Appln. 6776/2013 Magistrate First Class, Bhokardan on 20/04/2015. On that day, the respondent may apply for cancellation of the non-bailable warrant, which can be decided on merit by the learned Judicial Magistrate First Class, Bhokardan and to proceed with the complaint afresh. 7.

In case, the respondent does not appear, the non-bailable warrant shall stand as it is and the learned Judicial Magistrate First Class, Bhokardan is directed to take strict action in case the respondent remains absent hereinafter.

[M.T. JOSHI] JUDGE arp/