1 CR.APL NO.552/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 907. APPLN/552/2011 [Criminal] In APPLN/5411/2010 WITH APPLN/4314/2010 (PRAVEZ H KADER AND ORS V/S PRATAP SHAMLING PATIL) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Sunil P.Deshmukh, Adv., for the applicant. Mr. N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 22-2-2011 1. Heard. 2. On 17th Jan.,2011, following order in paragraph No.1 is recorded: "(1) Heard. In a commercial transaction between the applicants and the accused, even proceedings under Section 138 of Negotiable Instrument Act are also initiated against the informant. Considering the nature of transaction, custodial interaction of the accused/applicant not desired. Interim protection dt.28.12.2010 is made absolute, however, in addition, the accused/applicant 2 CR.APL NO.552/2011 nos. 1 and 5 ( No.1 Parvez H.Kader and No.5 Najib H.Kader) shall attend the investigator on every last Sunday of the month till 30th June, 2011." 3. Mr. Deshmukh informs, the condition of attendance of Sunday of 30th Jan., 2011 is not adhered to by the accused/applicant for the reason that their family member, namely, Ibrahim, applicant no.3 was hospitalized and all the applicants were concerned with his ill health and were diligently attending said Ibrahim. 4. Learned A.P.P. pointed that the absence is deliberate and there is nothing to demonstrate that accused/applicants were required to attend said Ibrahim, if he was in hospital. 5. Though I find substance in the submissions of learned A.P.P., considering the plight that has been faced by the accused/applicants, it does not appear that deliberately absence is caused on the date notified and or directed by order dt.17th Jan., 3 CR.APL NO.552/2011 2011. Application seeking such exemption is moved immediately on 4th Feb.,2011. This also adds to the bona fides of the accused/applicant. Hence, absence occasioned to attend investigator on 30th Jan.,2011, is condoned, on the accused/applicants depositing fine of Rs.5,000/- ( Rs. five thousand) to be deposited in this Court within a week from today. The other prayer to change attendance for accused nos. 1 and 5, to only accused no.5, is declined, for the present. Application allowed to the extent as above. (K.U.CHANDIWAL) JUDGE ... AGP/552-11crapl