Bhaskar Bio Industries Pvt Ltd v. Ghorpade Agrovet Through Abhijeet Ghorpade And ANR

7-alp-54-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 54 OF 2013 Bhaskar Bio Industries Pvt.Ltd.

..Applicant/Appellant V/s.

Ghorpade Agrovet & Another .. Respondents ---- Mr.Sr. Adv. Hiralal J. Thacker with Jeetendra Ranawat i/by Manoj Kadam, for applicant/appellant.

Mr.A.R. Patil, APP for State.

---- CORAM : A. R. JOSHI, J.

DATE : 12TH JUNE, 2015.

P.C.

1.

As per office note, respondent no. 2 acquitted in the offence punishable under section 138 of the Negotiable Instrument Act, has already been served. Earlier delay condontion application was allowed. That time also he was served. This application preferred by the original complainant challenging the order of acquittal of respondent no.1. Acquittal was on the main ground that complainant could not establish his authority to file complaint on behalf of the company which was beneficiary of the cheque. Now learned counsel for the appellant stated that the concerned company had rectified the situation and had mentioned that the complainant was nsk page 1 of 2

7-alp-54-2013 authorized. Whatever, that may be, the present appeal can be admitted and can be heard on merits. As such admit. R & P is already called. Process under section 390 of Criminal Procedure Code be issued against the respondent no. 1 with direction to the Trial Court to release him on bail in the sum of Rs.500/- (Rupees Five Hundred Only).

(A. R. JOSHI, J) nsk page 2 of 2