Laxmi Gajanan Ninawe v. Vishwanath Gajanan Bajjirao

13appa867.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 867 OF 2024 IN CRIMINAL APPEAL NO. 289 OF 2023 (D) Laxmi Gajanan Ninawe Vs Vishwanath Gajanan Bajjirao Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.T. Dhurwey, counsel for applicant/appellant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21/10/ 4.

1.

This is an application for restoration of appeal. 2.

Learned counsel for the appellant submitted that the appellant has filed the appeal against the order of acquittal passed by the Judicial Magistrate First Class, Nagpur. He submitted that the amount of the complainant is involved in the said transaction. He further submitted that on the day of hearing, the appellant urgently had go to Delhi for some work, therefore, he was not available in Nagpur and the appeal was dismissed for want of prosecution. 3.

In view of the reasons mentioned in the application and considering the parties be permitted to litigate their cause on its own merits, hence, the application deserves to be allowed.

4.

The application for leave to file an appeal be restored at its original stage.

rkn

13appa867.2024.odt 5.

The criminal application (APPA) No. 867/2024 is allowed and disposed of accordingly.

[URMILA JOSHI-PHALKE, J.] rkn