Veena Venkatesh Prabhu Moni v. Shri Sahajanand Investments Private Limited Thr. Its Director Rasiklal Mohanlal Gangani And ANR

WPCR 38 of 2023 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.38 OF 2023 VEENA VENKATESH PRABHU MONI ... PETITIONER

Versus

SHRI SAHAJANAND INVESTMENTS PRIVATE LIMITED THR. ITS DIRECTOR RASIKLAL MOHANLAL GANGANI AND ANR ... RESPONDENTS Mr. Rohit Bras De Sa, Advocate for the Respondents. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 20th August, 2024 P.C.:

1. None present for the Petitioner. Mr. De Sa, learned Counsel appears for the Respondents.

2. Order challenged in the present petition is dated 06.02.2023, by which learned Magistrate took congnizance of the complaint filed by the Respondents under Section 138 of the Negotiable Instruments Act and issued process.

3. Mr. De Sa would submit that impugned order is passed in summary proceedings against which the revision could be filed before the Sessions Court. He submits that in view of the efficacious and alternate remedy available to the Petitioner, present petition should be 20th August, 2024

WPCR 38 of 2023 dismissed.

4. Matter is pending before this Court for the last one year and on the last date, the Petitioner as well as her Counsel remained absent. Today also no one is present. It shows that the Petitioner is not interested to prosecute the present petition.

5. Mr. De Sa submits that though, the Petitioner was exempted from appearing before the Trial Court, the matter is proceeding further.

6. Conduct of the Petitioner shows that after obtaining such order on 03.04.2023, she is not interested in prosecuting the present petition. Accordingly, the petition stands dismissed for want of prosecution. BHARAT P. DESHPANDE, J.

20th August, 2024