Crim.W.P. No.592.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO. 591 OF 2011 IN FIRST MISC. CRIMINAL APPEAL NO.106 OF 2011 (arises out of) CRIMINAL APPLICATION NO.410 OF 2009. PETITIONER : M/s Masart Finance Company Limited, a public limited company constituted under the Companies Act, 1956 having it's registered office at 134, Opposite corporations Primary School, Ramnagar, Nagpur, filed the writ petition through one of the director Shri Anant Madhav Kher, aged about 70 years, having been duly authorized by a resolution passed by the Board of Director of the Company on 07/01/1999. -VERSUS- RESPONDENT: M/s Godawari Enterprises, proprietor Shri Vivek s/o Vijay Shelgaonkar, aged about 41 years, r/o Maroti Sansthan Complex, Cotton Market Road, At & Post Mehkar, Tahsil Mehkar, District Buldhana. Mr. S. G. Pazare, Advocate for the petitioner. CORAM: A. H. JOSHI, J. DATE : 15TH DECEMBER, 2011. ORAL ORDER : Crim.W.P. No.592.11 2 1. This petition is arising out of the proceedings which was pending in the Court of learned Judicial Magistrate First Class, Special Court under Section 138 of the Negotiable Instruments Act, Nagpur i.e. the Miscellaneous Criminal Application No.410 of 2010 in Criminal Application No.10290 of 2008. 2. The Miscellaneous Criminal Application No. 411 of 2010 was filed by the original complainant/present petitioner under Section 205 of the Indian Penal Code in said Criminal Application No.10291 of 2008. 3. The application for action was based on the ground that the person who was served with the summons was Shri Vivek Vijayrao Shelgaonkar while the case was filed against Shri Vivek Vijayrao Joshi. The question had arisen as to the identity of Shri Shelgaonkar and Shri Joshi, to be one and the same persons. The complainant's grievance is that because Shri Shelgaonkar participated in the proceeding and applied for discharge, he is liable for trial for offence under Section 205 of the Indian Penal Code. 4. The prayer in the Application No.410 of 2010 reads as follows :- Crim.W.P. No.592.11 3 Prayer :- It is prayed that the Hon'ble Court please pass the order to commence the criminal proceedings u/s 205 of the Indian Penal Code against Shri Vivek Vijayrao Shelgaonkar in the interest of justice. 5. The Miscellaneous Criminal Application No. 410 of 2010 was rejected by order dated 21st August, 2011, observing that such a case was liable to be filed by the Court as a complainant and not by a private party. 6. Petitioner challenged the said order in the Session Court at Nagpur. 7. The challenge was styled as Appeal under Section 341 of the Criminal Procedure Code . It was delayed by 62 days. Application for condonation of delay was filed, which has been rejected by the learned Session Judge in Miscellaneous Criminal Application No.106 of 2011, by order dated 20th August, 2011. 8. Present petition is filed against this order passed by Sessions Court. Crim.W.P. No.592.11 4 9. It is seen that both impugned orders are eloquent and it is evident that entire proceedings being misconceived were rightly rejected. 10. Considering the fact that the very recourse taken by the petitioner was erroneous, no further indulgence is warranted. 11. No purpose of justice will be served by exerting of further on the point of condonation of delay. 12. Therefore, the petition has no merit and is dismissed. JUDGE Deshmukh Crim.W.P. No.592.11 5