1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.319 OF 2009 Sampatrao Rangrao Mohite ..... Applicant vs. Vilas Laxman Katkar & Anr. ..... Respondents Mr.Abhaykumar Apte,for applicant. Mr.D.D. Rananware, Adv. for respondent no.1. Mr.S.A.Shaikh, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 5th August 2009. PC : 1. The revision applicant herein challenges his conviction under Section 138 Negotiable Instruments Act by the trial Court and confirmation of that order by the lower appellate Court. The applicant has been sentenced to suffer simple imprisonment for six months and pay compensation of Rs.50,000/-. The appeal Court confirmed the sentence of imprisonment but set aside the order of compensation. It directed the appellant to pay fine of Rs.15,000/- out of which Rs.10,000/- was to be paid to the complainant as compensation. 2. Perusal of the record shows that the applicant had not cross-examined any of the three witnesses of respondents. On 21st July 2005, he had filed an application for adjournment on the ground that he had to engage lawyer and needed time to give 2 instructions to the lawyer. The Court granted the adjournment. But thereafter between that date to 2nd September 2005, there were as many as about 15 adjournments granted to the appellant, either for the non availability of his lawyer or his own convenience. The respondent has produced certified copies of the applications for adjournment filed by the appellant. In one of the applications, the appellant had sought time on the ground of `sickness’. The Court rejected that application after noting that the appellant was very much present and standing outside the Court hall. The order refusing cross-examination in respect of the first witness was passed on 2nd September 2005. Similar order as regards cross examination of second witness was passed on 4th October 2005. Thereafter the third witness was similarly not cross-examined by the appellant. 3. Mr.Apte, learned counsel for the applicant argues that since the applicant had filed Criminal Revision Application to the District Court for permission to cross-examine the witnesses, the trial Court ought to have waited until the same was decided. The trial Court could not have waited because there was no stay of the hearing of the proceedings before it. Secondly the revision application was filed by the applicant on 24th February 2006 i.e. after the evidence of all the witnesses of the complainant was recorded. This was obviously nothing but delaying tactic. Besides, it is seen that ample opportunity had 3 been given to the applicant to cross-examine the witnesses, which opportunities were not taken up by him. In that circumstance, both the judgments below cannot be said to be either illegal or erroneous. Apart from the contention as regards an opportunity to cross-examine the witnesses, the applicant has not pointed out any other infirmity or error in the impugned order. Hence,the Revision Application is dismissed. 4. Mr.Apte seeks continuation of the bail submitting that he has deposited an amount of Rs.45,000/- as directed by this Court. The order of bail is extended by a period of six weeks from today. With this order, the Criminal Application No.296 of 2009 stands disposed off. (Smt.R.P.SondurBaldota,J.) 4 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.319 OF 2009 (Sampatrao Mohite vs. Vilas Katkar & Ors.) --------------------------------------------------------------- Office Notes, Office Memoranda of : Coram, appearances, Court’s orders : or directions and Registrar’s Court’s or Judge’s orders orders : --------------------------------------------------------------- None for applicant Mr.D.D. Rananware, Adv. for respondent no.1. Mr.S.A.Shaikh, APP for State. Coram : Smt. R.P. SondurBaldota, J. Date : 5th August, 2009. PC :- 1. None present for applicant. The Criminal Revision Application is dismissed for default. (Judge) 5 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.319 OF 2009 (Sampatrao Mohite vs. Vilas Katkar & Ors.) --------------------------------------------------------------- Office Notes, Office Memoranda of : Coram, appearances, Court’s orders : or directions and Registrar’s Court’s or Judge’s orders orders : --------------------------------------------------------------- Mr.Abhaykumar Apte,for applicant Mr.D.D. Rananware, Adv. for respondent no.1. Mr.S.A.Shaikh, APP for State. Coram : Smt. R.P. SondurBaldota,J. Date : 5th August, 2009. PC :- 1. On the oral request of learned counsel for applicant, the Criminal Revision Application is restored to file. (Judge)