Bombay High CourtAPPA/958/2018dismissed

Smt. Usha W/O Ramesh Jasore v. Sunil S/O Laxmandas Chhabariya And Anor.

2018-10-24Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa958.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.958/2018 IN CRIMINAL APPEAL NO.387/2007 Smt. Usha W/o Ramesh Jasore ..Vs..

Sunil S/o Laxmandas Chhabariya and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.V. Shah, Advocate for the applicant.

Shri T.A. Mirza, A.P.P. for respondent No.2.

CORAM : Z.A. HAQ, J.

DATE : 24.10.2018.

By judgment given in Criminal Appeal No.387/2007 on 30th June 2018, while allowing the appeal, this Court directed that the accused shall deposit Rs.1,50,000/- within three months. The accused has filed this Criminal Application on 27th September, 2018 praying that he be permitted to deposit the amount as per the above referred judgment by cheque.

Neither accused nor his Advocate appeared in the morning session. The matter was kept back. In the afternoon session again, neither accused nor his Advocate appeared.

The Advocate for the complainant and the learned A.P.P. submitted that the copy of the application is not served on them.

The application is filed on 27th September 2018, however, steps are not taken by the accused to

2 appa958.18 circulate the matter.

The facts on record show that there are no bona fides on the part of the accused.

The application is dismissed with costs quantified at Rs.5,000/- (Five Thousand) to be deposited by the accused with the High Court Legal Services Sub-Committee, Nagpur within one month. The receipt showing the deposit of amount of costs shall be produced on record of this appeal within one month.

JUDGE Tambaskar.