Gopilal S/O Kapoorchand Jain v. M/S Vineer Glass Industries A Partnership Firm Thr. Partners Res. No. 2 Nad 3

2024:BHC-NAG:7883 1 9 criwp255.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO. 255 OF 2024 GOPILAL S/o KAPOORCHAND JAIN

VERSUS

M/s VINEER GLASS INDUSTRIES AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. R. M. Sharma, Advocate for the petitioner Mr. N. M. Mishra, Advocate for the respondents. CORAM : G. A. SANAP, J.

DATE : JULY 23, 2024.

1.

Heard Mr. R. M. Sharma, learned advocate for the petitioner/complainant and Mr. N. M. Mishra, learned advocate for the respondents/accused.

2.

Mr. Sharma, learned advocate for the petitioner/ complainant submits that as of today, the applicant is about 82 years old. He has been deprived of the benefits of his money on account of the conduct of the accused. Learned advocate submits that if this Court comes to a conclusion that there is no need to interfere in the impugned order dated 16.02.2024 passed by learned 16th Joint Civil Judge, Senior Division and Addl. Chief Judicial Magistrate (Spl. Court for S.138 of the N.I. Act), Nagpur, the trial Court be directed to dispose of the case expeditiously. 3.

Mr. Mishra, learned advocate for the respondents/ accused submits that expeditious disposal of the complaint would be in the interest of both the parties.

2 9 criwp255.24.odt 4.

In my view, therefore, without going into the merits of this petition, it would be just and proper and in the interest of the complainant to direct the learned Judge of the trial Court to dispose of the case within three months from today.

5.

Accordingly, the Criminal Writ Petition is rejected. 6.

Learned 16th Joint Civil Judge, Senior Division and Addl. Chief Judicial Magistrate (Spl. Court for S.138 of the N.I. Act), Nagpur, is directed to dispose of Summary Criminal Complaint case No. 4366/2020 within three months from receipt of the copy of this order. 7.

The parties shall appear before the learned ACJM on 30.07.2024.

8.

The parties shall extend their fullest cooperation to the trial Court for expeditious disposal of the case. 9.

The petition stands disposed of in the aforesaid terms. ( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 24/07/2024 11:03:45