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2022 DAILYLAW 3228 (BOM)

VIVEK MADANLAL JAIN v. STATE OF MAHARASHTRA AND ANR

WP/3247/2022 · 2026-09-09

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Judgment text

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24-WP-3247-2022 (CR).doc Tikam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 3247 OF 2022 Vivek Madanlal Jain ...Petitioner/s VERSUS State Of Maharashtra And Anr ...Respondent/s _________________________________________________________________ Mr. Pritam Runwal a/w. Mr. Anil Khopde, Advocate for Petitioner. Mr. B.B. Kulkarni, APP for Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 9th SEPTEMBER, 2026. P.C. : 1. Heard learned counsel for the Petitioner. 2. Learned counsel for the Petitioner submits that the Petitioner is the complainant and he has filed a complaint being CC No. 4253/SS/2008 under Section 138 of the Negotiable Instruments Act, which is pending before the Learned Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai. 3. This Court by order dated 24/09/2014 [Coram: M.L. Tahaliyani, J.] had earlier expedited the trial and had directed to decide the matter within a period of two months. However, the said order has not been complied with and complaint has been pending for around 26 years. Despite the said direction, the pendency of the matter for such a long period is a matter of serious concern and defeats the very purpose of VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2026.09.11 18:07:04 +0530 24-WP-3247-2022 (CR).doc Tikam expeditious disposal of the proceedings. 4. Considering the submissions of learned counsel for the Petitioner, I pass following order: ORDER (i) Petition is partly allowed. (ii) The Learned Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai, shall decide the pending complaint being CC No. 4253/SS/2008 as early as possible, preferably within six months from the date of receipt of this order as complaint is pending for last 26 years. (iii) Writ Petition is disposed of accordingly. (SHIVKUMAR DIGE, J.)