C.K. Jain v. Mayuresh Shriniwas Kulkarni & Anr.

Mayuresh Shriniwas Kulkarni & Anr. ...Respondents Mr.Kapil Dave for the Petitioner. Mr.A.S. Shitole, APP for the State. CORAM : V.M. KANADE, J. DATED : JUNE 14, 2010 P.C. :- 1 2 Heard Counsel for the petitioner. The petitioner has filed this petition under Article 227 of the Constitution of India and under Section 482 of the Cr.P.C. challenging an order of the learned Sessions Court imposing costs 2 of Rs.3000/- while allowing his application for condonation of delay. 3 Counsel for the petitioner submitted that the amount of costs which is imposed by the Sessions Court is very excessive and in fact, that is the amount claimed by the respondent-complainant towards compensation. It is submitted that the delay of 262 days in filing the revision application for quashing the complaint filed by the respondent herein was caused on account of the hospitalisation of the applicant on account of a paralytic stroke. It is submitted that the Sessions Court was not justified in imposing the costs. 4 In my view, there is no substance in the submission made by the Counsel for the petitioner. The Sessions Court has allowed the application for condonation of delay and imposed costs of Rs.3000/-. In my view, this is not a fit case to interfere with the order passed by the Sessions court while 3 exercising writ jurisdiction under Article 227 read with Section 482 of the Cr.P.C. 5 Writ Petition, accordingly, is dismissed.

(V.M. KANADE, J.)