M/S. Ingram Micro India Limited v. The State Of Maharashtra And ANR

(8)ALPNo.1352016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.135 OF 2016 (For Leave to Appeal - Private) M/s.Ingram Micro India Limited ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents .....

Mr.Vivek Patil i/b. Vivek Patil & Associates, Advocate for the Applicant.

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

....

CORAM : A.M.BADAR J.

DATED : 20th JULY 2018.

P.C. :

Heard the learned Counsel appearing for the applicant/original complainant.

The complaint under Section 138 of the Negotiable Instruments Act, 1881 is dismissed on the ground that only first page of statutory notice was sent to the respondent/accused. The learned Counsel appearing for the applicant points out communication from the respondent/original accused to the complainant in which factum of receipt of statutory notice is accepted.

Gaikwad RD 1/2

(8)ALPNo.1352016 In this view of the matter, case for grant of leave is made out. Therefore, the Order :

ORDER

(i) Leave, as prayed, is granted.

(ii) Memo of application for leave to appeal be considered as Memo of Appeal on effecting necessary amendment by the learned Counsel appearing for the applicant. (iii) Leave to amend to that effect is granted. (iv) Admit.

(v) Issue notice to respondents.

(vi) The learned Additional Public Prosecutor waives notice for the respondent No.1/State.

(vii) Call for Record and Proceedings.

(viii)In the meanwhile, action under Section 390 of the Criminal Procedure Code before the learned trial Court. Digitally signed by Raju Dattatraya Gaikwad Date:

2018.07.20 17:09:55 +0530 (A.M.BADAR J.) Raju Dattatraya Gaikwad Gaikwad RD 2/2