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2021 Supreme(Bom) 926

M.S.JAWALKAR
Jerry Dsouza – Appellant
Versus
Joaquim Antonio Fernandes – Respondent


Advocates appeared:
Ganesh Naik, Advocate, Nilesh Shirodkar, Advocate, Pravin Faldessai, Advocate

JUDGMENT

M S Jawalkar, J. - Criminal Miscellaneous Application No. 120/2021 is an application for condonation of delay of around 311 days in filing Criminal Miscellaneous Application No. 121/2021, which is an application to bring the legal heir of the applicant on record.

2. It appears that vide judgment and order dated 07.07.2014 passed by the learned JMFC in Case No. OA/33/2012/B, the deceased applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, for which, he was directed to undergo simple imprisonment for a period of one year and to pay compensation of Rs.10,25,000/- to the complainant and in default to undergo simple imprisonment for a period of two months. The said order dated 07.07.2014 was thereafter challenged by the deceased applicant before the learned Sessions Court in Criminal Appeal No. 97/2014, which was dismissed by the learned Sessions Court on 08.10.2015. Feeling aggrieved, the deceased applicant filed Criminal Revision Application No. 65/2016 before this Court, challenging the judgment and order dated 08.10.2015 passed by the learned Sessions Court, North Goa, Panaji.

3. It is submitted by Mr. Ganesh Naik, the learne

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