Ramesh Bhimrao Hegadkar v. Uddhav Mohan Nalawade And ANR
21-ALP-520-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.520 OF 2019 Ramesh Bhimrao Hegadkar .... Applicant V/s.
Uddhav Mohan Nalawade & Anr.
.... Respondents ---- Mr.Rajesh Ranglani h/f Mr.Priyal G. Sarda, for the Applicant. Mr.Kiran C. Shinde, APP, for Respondent-State. Mr.Prashant D. Patil, for Respondent No.1.
by NILAM SANTOSH KAMBLE Date: 2025.04.04 14:13:34 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.
DATE : 02nd APRIL 2025 P.C:- .
Heard learned counsel for the Applicant and learned APP for the Respondent-State.
2.
The Judicial Magistrate First Class, Karmala, DistrictSolapur (for short "the Trial Court") has dismissed the complaint filed by the applicant under Section 138 of Negotiable Instruments Act, 1881 ("N.I.Act") on the ground of non presence of complainant and his Advocate. The Trial Court has passed order below Exhibit-1 observing that for long dates complainant and his Advocate are absent and they have not taken steps for N.S. Kamble page 1 of 2
21-ALP-520-2019.doc securing the presence of the accused. On that ground the Trial Court has dismissed the complaint filed by the applicant and has acquitted the accused under Section 256 of Code of Criminal Procedure, 1973.
3.
Perused the roznama produced on record. It shows that Advocate for the applicant was pursuing the matter. The NBW was issued against Respondent/Accused. Roznamma shows that, it was not served on him, but this fact is not considered by the learned Trial Court and in haste, has dismissed the complaint. The order passed by the Trial Court appears to be perverse, hence I pass following order.
ORDER
(i) The application is allowed.
(ii) The order dated 10.11.2016 passed by the Judicial Magistrate First Class, Karmala, DistrictSolapur is quashed and set aside. (iii) The matter is restored before the Trial Court for fresh hearing.
(iv) The complainant shall appear before the Trial Court on 9th April, 2025 at 11:00 a.m. and take necessary steps.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2