M/S. Prachar Communication Ltd. v. M/S. Ishitva Nirmal Health Care P. Ltd. And ORS.

11appa350.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.350 OF 2017 IN APPEAL NO.247 OF 2015 M/s.Prachar Communication Ltd. ...Applicant vs.

M/s.Ishita Nirmal Health Care P. Ltd & others

...Respondents

Ms Pooja Joshi I/b Ashok M Saraogi for the Applicant Mr.V.V.Gangurde, APP for the respondent-State CORAM : P.N.DESHMUKH,J.

DATE : SEPTEMBER 18, 2019 P.C.:

This application is fled by the original complainant in complaint fled under section 138 of the Negotiable Instrument Act,1881 praying for substituted service to respondent Nos.1 and 2/original accused 1 and 2 who are acquitted by the Trial Court.

Prayer in this application is for efecting service to the respondent Nos.1 and 2 by RPAD in addition to regular mode of service which is stated to be duly complied with, in spite of which respondent Nos.1 and 2 did not appear. Thereafter, the applicant has placed on record afdavit of service by paper publication which was carried out in the light of order dated 25th March 2019. The afdavit of service is also accompanied with the copy of daily newspapers i.e Free Press Journal and Nav Shakti both dated 12th April 2019. Inspite of service, none present for said respondents. Respondent Nos.1

11appa350.doc and 2 are thus, deemed to be duly served.

The record reveals that by order dated 18th February 2018 passed in Criminal Application No.38 of 2015, leave to fle appeal is allowed.

In the circumstances, Admit.

Call for the Record and Proceedings.

Stand over to 16th October 2019.

(P.N.DESHMUKH,J.)