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2005 Supreme(Bom) 657

N.A.BRITTO
Venus Steel Products – Appellant
Versus
Michael Francis Pinheiro – Respondent


Judgment

( 1 ) HEARD Shri. Salkar, the learned counsel on behalf of the Applicant and shri. Pangam, the learned counsel on behalf of the Respondent No. 1.

( 2 ) THE applicant herein was accused in C. C. No. 207/n/96/f wherein he was convicted and sentenced under Section 138 of the Negotiable Instruments Act, 1881. The applicant having challenged the said conviction/ sentence before the Sessions Court, the learned addl. Sessions Judge by his Order dated 17-1-2003 upheld the conviction but modified the sentence, in that the learned Assistant Sessions judge directed the applicant/accused to undergo 10 days S. I. and pay compensation of rs. 10,000/- in default, to undergo 10 days S. I.

( 3 ) THE applicant filed a revision application before this Court, being Revision application No. 8/03. As none appeared before this Court on behalf of the applicant on 20-2- 04, 12-04-04 and 20-4-04, this Court proceeded to dismiss the Revision Application for non-prosecution on 21-4-04.

( 4 ) THE applicant has now invoked the jurisdiction of this Court under S. 482 of the Code of Criminal Procedure, 1973 (Code, for short) and has prayed for restoration of his revision Application which was dismissed fo















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