MP 1 Appln425_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 425 OF 2011 Jivat Kevalram Idnani ... Applicant Versus Mahendra V. Ekbote and another ... Respondents Mr. S.B. Dhotre, Advocate for the Applicant. Mr. Ashok B. Tajane, Advocate for the Respondent No.1. Mr. Y. M. Nakhwa, APP for the Respondent No.2. Mr. D. Singh, Advocate i/b. Ms Riddhi Shah, for Dr. Deepak V. Sonawani. Mr. Mahendra V. Ekbote, respondent No.1 in person. CORAM : J. H. BHATIA, J. DATE : 18TH OCTOBER 2011 P. C. : This application was moved by the original complainant for condonation of delay in filing appeal against acquittal for the offence punishable under Section 138 of the Negotiable Instruments Act. It was contended by the applicant that he was suffering from malaria and jaundice, and therefore, he could not appear and file the appeal within the period of limitation. In support of this contention, he produced medical certificate purported to have been issued by Dr. Sonawani of Deepjyoti Hospital from Nashik. This certificate shows that the applicant was suffering from malaria and jaundice from 22.12.2010 to 28.03.2011. 2. The respondent No.1, who is the original accused, filed his affidavit-in- reply to contest the application for condonation of delay. According to him, Dr. Sonawani is in habit of issuing false medical certificates. To support his contention, the respondent No.1 contended that he had approached the same doctor and obtained medical certificate in the name of his grandfather Anant Vishnu Ekbote, who had expired on 02.04.1995, as per the death certificate MP 2 Appln425_11 issued by the municipal corporation. But the medical certificate issued by Dr. Sonawani shows that the same Anant Ekbote was suffering from hypertension with angina and was under his treatment and was advised to rest from 22.12.2010 to 28.03.2011, and thus, a false certificate was issued by Dr. Sonawani. 3. In view of the serious allegations made against Dr. Sonawani in respect of the issuance of a medical certificate, by order dated 07.09.2011, this Court had directed Dr. Sonawani to personally remain present before this Court and to explain as to why the action should not be taken against him for issuing false medical certificates in respect of the applicant as well as the said Anant Ekbote. In response to the said notice, Dr. Sonawani has appeared before this Court with his Counsel and has filed his own affidavit as well as the affidavit of his employee Sandeep B. Sonawane. He has also produced the photocopies of the register maintained by him as well as prescription slips, receipt books, etc. The documents produced by him reveal that the applicant Jivat Idnani had in fact attended the hospital on 22.12.2010, 23.12.2010 and 22.02.2011, and after examination, he had prescribed certain medicines to the applicant. He was suffering from malaria in December 2010, and then in February 2011, he was suffering from jaundice. The photocopies of the register maintained by him show names of the patients, who had attended his hospital every day, the ailment from which such patients were suffering and fees charged from them. He has also produced the cash receipts issued to the patients who had appeared for the treatment in his hospital and had taken the treatment. All these documents go to show that the applicant was in fact under his treatment and had paid the fees, and therefore, there is a reason to show that the certificate produced by the applicant was genuine. 4. It is contended on behalf of Dr.Sonawani that the respondent No.1 Mahendra V. Ekbote appeared before him pretending to be Anant Ekbote and MP 3 Appln425_11 took treatment from him. He also paid fees for that. About that also, entries were taken in the same register and receipts were issued by him. The medical certificate issued in favour of Anant Ekbote, showing that he was suffering from hypertension with angina and needed rest from 22.12.2010 to 28.03.2011 reveals that the doctor had noted down the identification mark of the patient also. At the bottom of the medical certificate, the doctor noted that the patient had a mole on the right side of the neck. The respondent No.1 Mahendra Ekbote is present before the Court and it is confirmed that he has a mole on the right side of his neck. The certificate was received by the respondent Mahendra Ekbote impersonating himself as Anant Ekbote. If a person appears before the doctor impersonating himself as somebody and if the doctor is not acquainted with him before, there would be no reason for the doctor to presume that the person appearing before him was impersonating for somebody else. In view of these circumstances, it cannot be said that Dr. Sonawani had issued a medical certificate in the name of Anant Ekbote falsely, knowing that said Anant Ekbote was dead long back and he was issuing false certificate in that behalf. Therefore, in the circumstances, no action needs to be taken against Dr. Sonawani. 5. It appears that just to contest the application for condonation of delay in filing the appeal, the respondent No.1 took a false plea and made false allegations against Dr. Sonawani and required him to face the notice issued by this Court, to appear before this Court and to engage a lawyer to explain his conduct. This has put him in lot of tension as well as to costs. The respondent No.1 has has tried to mislead this Court and wasted the valuable time of the Court. It may be noted that the learned Counsel for the applicant and the respondent No.1 make a statement that the original matter between the parties has been amicably settled, and therefore, the applicant does not want to press this application for condonation of delay. MP 4 Appln425_11 6. In view of the above, while the application No.425 of 2011 stands disposed of for want of prosecution in view of the amicable settlement of the parties, the respondent No.1 Mahendra Ekbote is hereby directed to deposit the amount of Rs.5,000/- towards the costs to be paid to Dr. Sonawani and further amount of Rs.10,000/- with the State Legal Aid Authority as costs. The cost amount be deposited within two weeks, failing which action shall be taken against him for the recovery of the same as fine amount. After the amount is so deposited, costs be paid to Dr. Sonawani. (J. H. BHATIA, J)