Shri. Ganesh Builder And Developers A Proprietary Concern Thr. Shri. Ajay Vasantrao Ninave v. Shri. Shreekant S/O. Mahadev Wandre And Another
appp66of18.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP) 66 OF 2018 IN MISC.CRIMINAL APPLICATION (APPW) 7 OF 2018 IN CRIMINAL WRIT PETITION 40 OF 2017 (Shri Ganesh Builder & Developers & anr ...vs.. Shreekant s/o. Mahadeo Wandre) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri R.D. Karode, counsel for appellant.
CORAM: ROHIT B. DEO, J.
DATE: 12 th MARCH, 2018.
CRIMINAL APPLICATION 66 OF 2018 Heard.
The reasons stated in the application for condonation of delay are not entirely satisfactory. However, the delay is condoned in the interest of justice subject to depositing cost of Rs. 1,000/- with the Vidarbha Lady Lawyer Association, Nagpur.
MISC. CRIMINAL APPLICATION 7 OF 2018 Heard.
The application is allowed.
The petition be restored to file.
Call for record and proceedings.
appp66of18.odt 2 CRIMINAL WRIT PETITION 40 OF 2017 Heard.
This Court has perused the agreement dated 11.6.2013 'Annexure D'. The contention of the petitioner is that the cheque 843232 which is referred to in paragraph 3 of the agreement, is the same cheque which is presented for encashment and which is dishonoured. The submission is, that the process of the Court is being abused. Per contra, the learned counsel for the complainant, while not disputing the execution of the agreement, submits that the cheque referred to in paragraph 3 bearing number 843232 is not the cheque which is the subject matter of the complaint.
The complainant is put on notice that if the complaint is filed in relation to the cheque which he agreed to return to the accused and which cheque is referred to in paragraph 3 of the agreement 'Annexure D' , this Court shall be constrained to impose exemplary and compensatory cost for abusing the process of law.
JUDGE rsb