M/S. H. Parson Private Limited v. Shashikant Shankar Khandekar And ANR.

10.ALP.321.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.321 OF 2018 M/s. H. Parson Private Limited ...Applicant V/s.

Shashikant Shankar Khandekar & Anr.

...Respondents

.....

Mr. Yashpal M. Thakur, Advocate for the Applicant. Mr. Deven, Advocate for respondent No.1.

Mr. S.V. Gavand, APP for respondent No.2/State. ....

CORAM : A.M.BADAR, J.

DATED : 17th OCTOBER 2018.

P.C. :

1.

Heard both sides.

2.

Perused the impugned Judgment and Order of acquittal of respondent No.1/original accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3.

In my opinion, case for consideration is made out. Aarti Palkar 1/2

10.ALP.321.18.doc - : ORDER : - (i) Leave, as prayed, is granted.

(ii) Memo of Application for leave to appeal be considered as Memo of Appeal on effecting necessary amendments thereto.

(iii) Leave to amend to that effect is granted.

(iv) Admit.

(v) Issue notice to the respondents.

(vi) Mr. Deven, learned Counsel waives notice for respondent no.1/original accused.

(vii) The learned APP waives notice for respondent No.2/ State.

(viii) Call for Record and Proceedings.

(ix) In the meanwhile, in lieu of action under Section 390 of the Code of Criminal Procedure, respondent No.1/original accused to execute P.R.Bond in the sum of Rs.15,000/- before the learned trial Court within a period of four weeks from today.

(A.M.BADAR J.) Aarti Palkar 2/2