Hafeez Elias v. Shaukat Qureshi And ANR

27-ALP-93-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO.93 OF 2024 Hafeez Elias ...Applicant/Appellant SATISH RAMCHANDRA SANGAR V/s.

Shaukat Qureshi and Anr.

...Respondents

SATISH RAMCHANDRA SANGAR Date: 2025.06.11 15:20:50 +0530 ***** Mr.M.I.Zarodanwala i/b. Mr.Iqbal Abdulla:- Advocate for Applicant/Appellant.

Mr.Girish Pawar i/b. Mr.Majid Siddiqui:- Advocate for Respondent No.1 Mr.H.J.Dedhia:- APP for Respondent No.2-State.

*****

CORAM

:

S. M. MODAK, J.

DATE :

9th JUNE 2025 P. C. :- 1.

The Appeal is against the judgment of dismissal of Complaint under Section 138 of the Negotiable Instruments Act, 1881. It was dismissed on 2nd July 2024 for non-appearance of the Complainant. 2.

My attention is invited to certain notings on roznama on Page Nos.34 and 35. The relevant notings are as follows:- (a) Noting dated 19 th January 2023 : Wherein the matter was referred to Mediation. It got settled as per the case of Applicant. Satish Sangar 1/2

27-ALP-93-2024.doc Learned Advocate for the Respondent is not having instructions (b) Noting dated 1st January 2024 : Non bailable warrant was cancelled.

3.

Thereafter, the matter was adjourned to following dates:- (a) 30th January 2024 : The Court was on leave.

(b) 18th April 2024 : The Complainant was absent. (c) 24th May 2024 : The Accused was absent.

(d) 2nd July 2024 : The Complaint was dismissed for nonappearance. 4.

The issue involved is narrow. On the next date, the Court will endeavour to dispose of this Appeal.

5.

Stand over to 7th July 2025. The matter be taken up on top priority basis.

[S. M. MODAK, J.] Satish Sangar 2/2