Dattatraya Manohar Sakpal v. Anita Shridhar Shinde And ANR

ALP 245-13.doc Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.245 OF 2013 (For Leave To Appeal) Dattatraya Manohar Sakpal .Applicant v/s.

Mrs. Anita Shridhar Shinde & anr. .Respondents None for the Applicant Mr.V.B.Tapkir, Advocate, for the Respondent No.1 Mr.J.H.Ramugade, APP, for the Respondent No.2 - State CORAM :

SMT.ANUJA PRABHUDESSAI, J.

DATE :

15.10.2015 P.C.

.

None present for the applicant even on second call.

2.

The applicant herein is the complainant in C.C.No.4857 of 2006 filed before the learned JMFC, Pimpri, Pune for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as 'N.I.Act'). The learned Magistrate has dismissed

ALP 245-13.doc the complaint on the ground that the applicant/complainant had failed to issue statutory notice under Section 138(b) of the N.I.Act as required.

3.

Having gone through the impugned Judgment and considering the material on record, in my considered view, the findings are neither illegal nor perverse. Hence, I do not find any reason to interfere with the same.

4.

The Application is, therefore, dismissed. Leave rejected.

(ANUJA PRABHUDESSAI, J.)