Bombay High Court
CRMA/244/2003 of M/S LAXMI AUTO CARE CENTRE, PONDA-GOA. Vs M/S TULSHIDAS TRANSPORT AND ANR., on 4 December 2003
COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 244 OF 2003 M/S LAXMI AUTO CARE CENTRE, ....Applicants PONDA-GOA. Versus M/S TULSHIDAS TRANSPORT AND ANR., ....Respondents SHRI MANDAR SHIRODKAR,MR.S.N.SARDESSAI,PP-R.2 Coram:- P. V. HARDAS, J. Date:- 4th December, 2003 This is an application
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IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION NO. 244 OF 2003
M/S LAXMI AUTO CARE CENTRE, PONDA-GOA.
....Applicants
Versus
M/S TULSHIDAS TRANSPORT AND ANR.,
....Respondents
SHRI MANDAR SHIRODKAR,MR.S.N.SARDESSAI,PP-R.2
-Coram:P. V. HARDAS, J.-Date:4th December, 2003
This is an application for conversion ofthe Criminal Writ Petition No.22 of 2003filed under Section 482 of the Code ofCriminal Procedure, into a CriminalRevision Application, under Section 397of the Code of Criminal Procedure. Theapplication, under Section 482 of theCode of Criminal Procedure, had beenfiled principally against the Judgmentof the learned Judicial Magistrate,First Class, Ponda, dated 10th April,2003, in Criminal Case No. 121/OA/01/A,convicting the accused under Section 138of the Negotiable Instruments Act,however, not imposing on the accused theliability to pay compensation underSection 357 of the Code of CriminalProcedure. The Criminal Writ Petition,under Section 482 of the Code ofCriminal Procedure, was filed on the 91st day of accrual of the cause of action. If Criminal MiscellaneousApplication No. 244 of 2003 is allowed,there would be a delay of one day in thefiling of the Criminal Writ Petition. Aseparate application for condonation ofdelay is filed by the applicant.2. In the interest of justice,therefore, Criminal MiscellaneousApplication is allowed and the applicantis permitted to convert the CriminalWrit Petition filed under Section 482 ofthe Code of Criminal Procedure into aCriminal Revision Application underSection 397 of the Code of CriminalProcedure.
P. V. HARDAS, J.