Ranjan Babu Gholave v. Vijay Shripati Patil And ANR

19-alp-427-15 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 427 OF 2015 Ranjan Babu Gholave vs. Vijay S. Patil and anr. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sachin Deokar i/by V. V. Purwant for the Applicant. Mr.A.R. Kapadnis, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 6th April, 2018 P.C.

1.

This is an application under Section 378(4) of the Cr.P.C. for leave to file appeal against the Order dated 12.6.2015 passed below Exhibit-1 in STC No.262/2008 by the learned 2nd Joint Judicial Magistrate First Class, Niphad, District Nashik thereby dismissing the complaint of the applicant filed under Section 138 of the Negotiable Instruments Act for want of prosecution under Section 256 of the Cr.P.C.

2.

Heard the learned counsel for the applicant at length and perused the record.

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19-alp-427-15 3.

The aforesaid complaint has filed by the applicant under Section 138 of the Negotiable Instruments Act on 3.3.2008. That the applicant did not take any effective steps to proceed with the said case. That, the applicant also remained consistently absent before the Trial Court and therefore, after about 7-years the Trial Court was pleased to dismiss the said complaint for want of prosecution by the impugned Order.

4.

After perusing the record, this Court is of the considered view that, no error either in law or facts has been committed by the learned Trial Court.

No case for grant of leave is made out.

5.

Application is accordingly rejected.

(A.S.GADKARI, J.) Page-2/2