Vasant Rama Jadhav v. Rakesh Malhotra And ANR.

(21)APEALNo.8712003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.871 OF 2003 Vasant Rama Jadhav ...

Appellant V/s.

Rakesh Malhotra & Anr.

...

Respondent .....

None for the Appellant.

Mr.S.V.Gavand, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 16th FEBRUARY 2018.

P.C. :

None for the appellant.

The appeal is challenging acquittal of the respondent No.1 of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The appellant is the original complainant. The Registry has reported that the respondent No.1 could not be served as the notice returned unserved stating that the respondent No.1 is not residing at the given address. It is further informed that despite the Order of this Court dated 23/08/2017, the learned Advocate for the appellant has not furnished fresh address and has not taken steps to serve the respondent No.1 till date.

Gaikwad RD 1/2

(21)APEALNo.8712003 In this view of the matter, the appellant to furnish fresh and correct address of contesting respondent No.1 within a period of two weeks from today, failing which the appeal shall be dismissed without reference to the Court.

If such address is furnished within prescribed time, then issue fresh notice to the respondent No.1 returnable on eight weeks thereafter.

(A.M.BADAR J.) Gaikwad RD 2/2