Abbi Chandrashekhar Shetty v. Awadhesh Shalik Tiwari And ANR

P.H. Jayani 906 IA1477.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1477 OF 2025 IN CRIMINAL APPEAL NO. 958 OF 2022 Abbi Chandrashekhar Shetty .... Applicant V/s.

Awadhesh Shalik Tiwari and anr.

.... Respondents Mr. Deepak Pandey for the Applicant.

Mr. Ramprakash Pandey for Respondent No.1.

CORAM : SHYAM C. CHANDAK, J.

DATED : 25th APRIL, 2025 P.C. :- .

Heard learned Advocate for the parties.

2) Present Application seeking restoration of the aforesaid Appeal which came to be dismissed for 'non prosecution' vide Order dated 24/01/2025.

3) The Application is opposed by the learned Advocate for Respondent No.1.

4) Mr. Deepak Pandey, learned Advocate states that the Applicant has a very good case on merits. The subject dishonoured cheque was drawn for a sum of Rs.8,00,000/-. The Appeal was admitted. As such, it would be appropriate that the Appeal may be decided on merits. 5) In view thereof, I am inclined to allow the Application. The Order dated 24/01/2025 is set-aside. Appeal stands restored to the stage at which it was dismissed.

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P.H. Jayani 906 IA1477.2025.doc 6) Interim Application stands disposed of.

ORDER IN CRIMINAL APPEAL NO. 958 OF 2022 :- 7) Learned Advocate for the parties stated that the compilation of documents filed on record, is as per the trial Court record and it is sufficient to decide the aforesaid Appeal. Therefore, they requested that the Appeal may be taken up for final hearing. 8) In view thereof, list the Appeal on 19th June, 2025 under the caption 'for final hearing'.

(SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.04.28 17:38:47 +0530 2/2