Bombay High Court

RAJENDRA BANSI DOKHEversusREKHA RAJENDRA DOKHE AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court allowed the restoration of the dismissed criminal application upon acceptance of the cost payment within the stipulated extended period.

Summary

The applicant sought restoration of Criminal Application No.3443/2023, which had been dismissed for failure to pay costs of Rs.1500 by the deadline of 06/07/2026. The court had earlier condoned a 140‑day delay in filing the revision, subject to that payment, and later extended the deadline by one week. The applicant tendered a demand draft, but the registry did not accept it, leading to dismissal. The applicant argued the non‑compliance was not deliberate and requested the court to allow restoration. After hearing both sides, the court permitted the restoration, directing the office to accept the demand draft if deposited within a week and to reinstate the criminal application to its original position.

Issues considered

Whether a criminal application dismissed for non‑compliance with a cost‑payment order can be restored upon subsequent payment.
Whether the court may extend the time for payment of costs in such circumstances.

Subjects

criminal procedure
restoration of dismissed application
non‑compliance
extension of time
costs payment
demand draft

Judgment

                                                         3524.26appln
                                  (1)

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          4 CRIMINAL APPLICATION NO. 3524 OF 2026
                           IN
          IN CRIMINAL APPLICATION NO.3443 OF2023
                   IN REVNST/9471/2023

                  RAJENDRA BANSI DOKHE
                         VERSUS
            REKHA RAJENDRA DOKHE AND ANOTHER

                        WITH
     CRIMINAL REVISION APPLICATION NO. 174 OF 2023

          REKHA W/O. RAJENDRA DOKHE AND ANOTHER
                          VERSUS
                RAJENDRA S/O. BANSI DHOKE
                                 …..
Mr H. P. Randhir, Advocate for Applicants in Cr.Appln/3524/2026
Mr P. H. Patil, Advocate h/f Mr P. B. Patil, Advocate for Respondents
in Cr.Appln/3524/2026
                                  …..
                          CORAM : SUSHIL M. GHODESWAR, J.

                             DATE : 24th AUGUST, 2026
P. C. :


1.           This is an application for restoration of Criminal

Application No.3443/2023 which was dismissed for non-compliance

of the order of this Court dated 22/06/2026.


2.           This Court vide order dated 22/06/2026 was condoned the

delay of 140 days in filing criminal revision application, subject to

condition of payment of costs of Rs.1500/- to respondent No.2 on or
                                                             3524.26appln
                                   (2)

before 06/07/2026, failing which, the application was stated to be

dismissed without further reference to the Court. Since the applicant

could not pay the said amount on or before 06/07/2026, he prayed for

extension of time.     This Court, vide its order dated 14/07/2026,

extended time of one week to deposit the amount. However, the

despite tendering a demand draft for the same amount to the Registry,

the same was not accepted by the office. Learned Advocate for the

applicant submits that the since the demand draft was not accepted by

office, Criminal Application No.3443/2023 came to be dismissed. He

submits that non-compliance of the order of this Court is neither

deliberate nor intentional. He, therefore, submits that this application

may be allowed and Criminal Application No.3443/2023 may be

directed to be restored.


3.           Learned Advocate for respondent strongly opposes this

application for restoration.


4.           In view of submissions of learned Advocates for the

respective parties and for the reasons stated in the present application,

the same is allowed.


5.           Demand draft of amount of Rs.1500/- be accepted by the

office, if deposited within a period of one week from today. After
                                                         3524.26appln
                                    (3)

deposit of the said demand draft, Criminal Application No.3443/2023

be restored to its original position.




                                        [SUSHIL M. GHODESWAR, J.]
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