Damodar Mahadeo Baile v. Sohel Ahmad Shaikh And ANR

(12)ALPNo.2892016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.289 OF 2016 (For Leave to Appeal - By Private) Damodar Mahadeo Baile ...

Applicant V/s.

Sohel Ahmad Shaikh & Anr.

...

Respondents .....

Mr.Gaurav Parkar, Advocate for the Applicant. None for the Respondent No.1.

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

....

CORAM : A.M.BADAR J.

DATED : 3rd AUGUST 2018.

P.C. :

None for the respondent No.1.

Heard the learned Advocate appearing for the applicant/original complainant and perused the copy of deposition of the applicant/original complainant. The respondent/original accused did not adduce any evidence before the trial Court. Gaikwad RD 1/2

(12)ALPNo.2892016 Prima facie, it appears that purport of Section 138 of the Negotiable Instruments Act, 1881 was not properly considered by the trial Court. Case for consideration is made out. Therefore, the Order :

ORDER

(i) Leave, as prayed, is granted.

(ii) The Memo of Application for leave to appeal be considered as Memo of Appeal on effecting amendment. Leave to amend to that extent is granted.

(iii)Admit.

(iv) Issue notice to respondents.

(v) The learned Additional Public Prosecutor waives notice for the respondent No.2/State.

(vi) Call for Record and Proceedings.

(vii)In the meanwhile, action under Section 390 of the Code of Criminal Procedure before the learned trial Court. (A.M.BADAR J.) Raju Dattatraya Gaikwad Raju Dattatraya Gaikwad Date: 2018.08.03 18:34:39 +0530 Gaikwad RD 2/2