SHABU BHIMAPPA DUDHALE Vs. VINAYAK APPASAHEB PADAVLE

JUDGEMENT

(1.) Heard learned Advocate for the Appellant-complainant. No one is present on behalf of the Respondent-accused. Issue involved in this Appeal is as under :

(2.) The appeal was already admitted on 5/12/2014. The action under Sec. 390 of the Code of Criminal Procedure was also initiated. The Farad Sheet dtd. 6/6/2023, mentions that Respondent No.1-accused has furnished surety of Rs.10,000.00 on 30/6/2015. However, no one has appeared in this Appeal. It is travesty of justice, that appeal involving trifle issue remained pending for eight years. Reasons may be different.

(3.) Perused the impugned order dtd. 26/12/2012, passed by 15th Judicial Magistrate, First Class, Kolhapur in Summary Criminal Case No.4161 of 2006. The accused was acquitted for the offence punishable under Sec. 138 of the N.I. Act by taking recourse to Sec. 256 of the Code of Criminal Procedure. When this order came to be passed, the matter was fixed for recording statement of the accused under Sec. 313 of the Code of Criminal Procedure.