← Library
Bombay High CourtCRIR/6/2016dismissed for non prosecution

Shri Purushottam B. Gaude, Thr. Presently In Custody, Thr. His Next Friend Mr. Minu Gaude. v. Vpk Urban Co-Op. Credit Society Ltd.,Rep. Herein By Its Rec. Officer,Mr. Babani Anant Gaude And ANR

2017-01-11Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 6 OF 2016 SHRI PURUSHOTTAM B. GAUDE, THR.

PRESENTLY IN CUSTODY, THR. HIS NEXT FRIEND MR. MINU GAUDE.

... Petitioner

Versus

VPK URBAN CO-OP. CREDIT SOCIETY LTD.,REP. HEREIN BY ITS REC.

OFFICER,MR. BABANI ANANT GAUDE AND ANR.

... Respondent Mr. S. Keny, Advocate for respondent no.1.

Coram:- C. V. BHADANG, J.

Date:- 11th January, 2017 P.C.

The challenge in this Criminal Revision Application is to the concurrent finding of conviction under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short).

2. The applicant was convicted by the learned Magistrate under Section 138 of the Act and was directed to suffer Simple Imprisonment of one month and to pay compensation of Rs.32,000/- and in default, to suffer further Simple Imprisonment for one month. This has been confirmed by the learned Sessions Judge in appeal. The applicant failed to comply with the conditions of the order, suspending the sentence, which was, accordingly, recalled. In pursuance, the applicant was arrested

CRIR/6/2016 for serving the sentence.

3. In the present case, there is no appearance on behalf of the applicant, for last some dates. The Criminal Revision Application is yet to be admitted.

4. In such circumstances, the Criminal Revision Application is dismissed, for want of prosecution.

C. V. BHADANG, J.

SMA