Shri Sunil Vinayak Chopde v. Shri Rajendra Ramlal Jaiswal And Another
2024:BHC-NAG:7541 1 21 criwp360.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 360 OF 2024 SUNIL VINAYAK CHOPDE
VERSUS
RAJENDRA RAMLAL JAISWAL AND ANOTHER ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Nikhil Valesha, Advocate for the petitioner. Mr. Anil A. Dhawas, Advocate for the respondent no.1 Mrs. H. S. Dhande, A.P.P. for respondent no.2. CORAM : G. A. SANAP, J.
DATE : JULY 15, 2024.
1.
Heard Mr. Nikhil Valesha, learned advocate for the petitioner, Mr. Anil A. Dhawas, learned advocate for respondent no.1 and learned Additional Public Prosecutor for the respondent no.2.
2.
Learned advocate for the applicant submits that the order directing the applicant to deposit 20% amount of compensation is not just, proper and reasonable. Learned advocate submits that no reasons have been recorded for directing the applicant to deposit 20% of the amount of compensation.
3.
After arguing the matter for some time, learned advocate for the applicant made a statement across the bar that the amount directed to be deposited may be reduced to 15% of the total amount of compensation.
4.
Learned advocate for the respondent no.1 submits that if the applicant is ready to deposit it with one month,
2 21 criwp360.24.odt then the Court may exercise the discretion and reduce it to 15%.
5.
In view of the statements made by learned advocate for the petitioner and learned advocate for respondent no.1, the impugned order dated 28.02.2024 passed by learned Additional Sessions Judge, Chandrapur, below Exhibit no.5 in Criminal Appeal No. 96/2023, is modified.
6.
The applicant shall deposit 15% of the amount of compensation, in stead of 20%, within one month from today.
7.
If the petitioner fails to deposit the said amount within one month from today, then the order directing him to deposit 20% of the amount of compensation, shall stand restored.
8.
The amount be deposited before the Appellate Court. 9.
The Criminal Writ Petition stands disposed of in the aforesaid terms.
( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 16/07/2024 18:57:30