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Bombay High CourtAPL/659/2023disposed off

Karvy Realty (India) Limited And ORS v. Sanjay Bhalchandra Dandekar And ANR

2023-07-05Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 659 OF 2023 Karvy Realty (India) Limited & Ors.

..Applicants

Versus

Sanjay Bhalchandra Dandekar & Anr.

..Respondents WITH CRIMINAL APPLICATION NO. 660 OF 2023 WITH CRIMINAL APPLICATION NO. 662 OF 2023 WITH CRIMINAL APPLICATION NO. 671 OF 2023 WITH CRIMINAL APPLICATION NO. 673 OF 2023 WITH CRIMINAL APPLICATION NO. 670 OF 2023 WITH CRIMINAL APPLICATION NO. 667 OF 2023 WITH CRIMINAL APPLICATION NO. 677 OF 2023 WITH CRIMINAL APPLICATION NO. 666 OF 2023 WITH CRIMINAL APPLICATION NO. 668 OF 2023 WITH CRIMINAL APPLICATION NO. 675 OF 2023 Comandur Parthasarathy & Ors.

..Applicants

Versus

Sanjay Bhalchandra Dandekar & Anr.

..Respondents __________ Mr. Kersi Dastoor, for Applicants.

Mr. M. G. Patil, APP for State/Respondent No.2. Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.07.10 10:33:08 +0530 __________ VINOD BHASKAR GOKHALE

CORAM : SARANG V. KOTWAL, J.

DATE : 5 JULY 2023 PC :

1.

The Criminal Application No.675 of 2023 is not on board. It is taken on board.

2.

In all these matters the Applicants have challenged the order passed by Judicial Magistrate, First Class, Sangli, issuing process against the Applicants U/s.138 r/w. 141 of the Negotiable Instruments Act. The said order is revisable and, therefore, the Criminal Revision Application before the Court of Sessions, at Sangli is maintainable.

3.

Learned counsel for the Applicants, therefore, prays for withdrawal of these Applications with liberty to approach the Court of Sessions at Sangli challenging these impugned orders by filing Criminal Revision Applications before the Court of Sessions at Sangli. He seeks permission to withdraw these Applications with such liberty.

4.

Permission is granted.

5.

All the Applications are allowed to be withdrawn with

liberty to the Applicants to approach the Court of Sessions at Sangli by way of Criminal Revision Applications. 6.

If such Criminal Revision Applications are preferred, they shall be decided in accordance with law.

7.

In case, the question of limitation in filing the Revision Applications arises, the Revisional Court shall take into account the fact that the Applicants were diligently pursuing their prayer by filing the present applications before this Court. All the contentions raised by the Applicants are left open to be decided by the Court of Sessions in accordance with law.

8.

Since the matters in the Trial Court are listed in this month, therefore, the Trial Court shall not proceed with the Trials for a period of three weeks from today.

9.

With these observations, all the Applications are disposed of.

(SARANG V. KOTWAL, J.)