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Bombay High CourtAPPA/269/2015others disposed off

Dr. Babasaheb Ambedkar Nagari Sahkari Pat Sanstha Maryadit, Ballarpur Thr. Secr. Mrs. Megha A. Bhal v. Vithabai Prabhakar Bawane And Another

2018-09-25Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa269.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 269 OF 2015 IN CRIMINAL APPEAL NO. OF 2015 (DR. BABASAHEB AMBEDKAR NAGARI SAHKARI PAT SANSTHA MARYADIT, BALLARPUR..VS.. VITHABAI PRABHAKAR BAWANE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anil A. Dhawas, Advocate for Applicant/Appellant. Ms F.N.Haidari, Advocate (appointed) for respondent No.1. Ms Swati Kolhe, A.P.P. for Respondent No.2.

CORAM : Z.A.HAQ, J.

DATED : SEPTEMBER 25, 2018.

Respondent No.2-accused, as identified by advocate representing her, is present.

2.

A Joint Pursis, dated 25/09/2018 signed by the respondent No.1, her advocate and the advocate for the applicant/ appellant, is filed.

3.

The learned advocate for the respondent No.1 has stated that the accused agrees to pay an amount of Rs.5,415/- to the appellant (complainant), however, she would not be able to arrange the amount immediately and she will require about two months' time to pay the amount.

4.

The learned advocate for the appellant/ complainant, on instructions, makes a statement that the appellant, which is a Co-operative Society, would be satisfied if the principal amount of Rs.5,415/- is received by it.

2 appa269.15 5.

The learned advocate for the respondent, after assessing financial condition of the respondent No.1, has magnanimously volunteered to give-up her professional fees, which would be paid by the High Court Legal Services SubCommittee, Nagpur for this case and it is stated that the amount can be directly paid to the appellant(complainant). 6.

In the facts of the case, following order is passed: i) The High Court Legal Services Sub-Committee is directed to pay an amount of Rs.5,415/- (payable to Ms F.N.Haidari, advocate appointed to argue the appeal on behalf of the respondent No.1accused) to the appellant-Dr.Babasaheb Ambedkar Nagari Sahakari Pat Sanstha Maryadit, Ballarpur, within one month.

ii) As the appellant (complainant) is satisfied with this order and is not interested in prosecuting the matter further, Criminal Application and Criminal Appeal are disposed.

iii) The kind gesture of Ms F.N. Haidari, advocate, appointed to argue the appeal on behalf of the respondent No.1/accused, has to be appreciated. JUDGE RRaut..