Sonhira Sahakari Sakhar Karkhana Ltd v. Daryappa Tammaraya Teli And ANR

(17)ALPNo.2632015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.263 OF 2015 (For Leave to Appeal - Private) Sonhira Sahakari Sakhar Karkhana Ltd. ...

Applicant V/s.

Daryappa Tammaraya Teli & Anr.

...

Respondents .....

Mr.Mahindra B. Deshmukh, Advocate for the Applicant. Manjiri Parasnis, Advocate for the Respondent No.1. Mr.Y.M.Nakhwa, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 20th DECEMBER 2017.

P.C. :

Heard the learned Advocate appearing for the parties. Perused the impugned Judgment and Order.

It appears that the complaint was dismissed for totally irrelevant consideration by the learned trial Magistrate. The impugned judgment and Order is prima facie, contrary to law. The application, therefore, deserves consideration. Hence, the Order : (i) Leave, as prayed, is granted.

Gaikwad RD 1/2

(17)ALPNo.2632015 (ii) Application memo be treated as memo of appeal. Necessary amendments be carried out.

(iii) The appeal is admitted.

(iv) Issue notice to respondents. The learned Advocate appearing for the respondent No.1 waives notice. The learned Additional Public Prosecutor waives notice for the respondent No.2/State.

(v) Call for Record and Proceedings.

(vi) In the meanwhile, action under Section 390 of the Code of Criminal Procedure before the trial Court. (A.M.BADAR J.) Gaikwad RD 2/2