Balkrishna D. Bandekar Parit v. Pankaj A. Sawant

CRMA 79 of 2022 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.79 OF 2022 WITH CRIMINAL APPEAL NO.637 OF 2022 (F), CRIMINAL MISC. APPLICATION NO.638 OF 2022 (F) CRIMINAL MISC. APPLICATION NO.79 OF 2022 BALKRISHNA D. BANDEKAR PARIT ... APPLICANT

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PANKAJ A. SAWANT ... RESPONDENT WITH CRIMINAL APPEAL NO.637 OF 2022 (F) BALKRISHNA D. BANDEKAR PARIT ... APPELLANT

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PANKAJ A. SAWANT ... RESPONDENT WITH CRIMINAL MISC. APPLICATION NO.638 OF 2022 (F) BALKRISHNA D. BANDEKAR PARIT ... APPLICANT

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PANKAJ A. SAWANT ... RESPONDENT Ms B. Kulkalekar, Advocate for the applicant. Mr S. Redkar and Ms N. Gaonkar, Advocate for the respondent. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 9th July, 2024 P.C.

Heard learned counsel for the applicant.

2. Mr Redkar appears for the respondent.

3. It is pointed out that the order impugned in the present appeal is one below Exh. 1 i.e. the complaint dismissing it for default. Mr Redkar would submit that such order was passed even before issuance 9th July, 2024

CRMA 79 of 2022 of process and at the stage of verification of the complaint and therefore, it would not amount to acquittal or discharge of the accused and hence, appeal would not lie.

4. Learned counsel for the applicant seeks leave to withdraw the present proceedings with liberty to approach the revisional Court.

5. Considering the above facts and not disputed by the applicant, liberty is granted to withdraw the present proceedings and allowing the applicant to approach the revisional Court by filing revision.

6. Criminal Appeal stands disposed of in above terms. Pending application, if any stands disposed of.

BHARAT P. DESHPANDE, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 11/07/2024 11:19:47 9th July, 2024