Sangram Raghunath Kakade v. Dattatraya @ Bhausaheb Dadasaheb Dorage And ANR

1 8.490.19 alp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 490 OF 2019 Sangram Raghunath Kakade .....Applicant V/s.

Dattatraya @ Bhausaheb Dadasaheb Dorage .....Respondents and another Mr. Vivek V. Salunke for the applicant Mr. Kuldeep U. Nikam for respondent no. 1 Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 27, 2019.

P.C.

Heard.

Before the Magistrate, in a proceedings taken out for an offence punishable under Section 138 of the Negotiable Instruments Act, on March 5, 2018, the Rozanama demonstrate that applicant/complainant and respondent/accused were heard through their respective counsel and the matter was adjourned for Judgment

2 8.490.19 alp.doc to March 12, 2018. There is little over-writing in the date, March 12, however, the contentions are, in the Judgment impugned, Magistrate proceeded on the basis that applicant/complainant has not argued the matter.

As such, according to learned counsel for the applicant, Judgment impugned needs to be set aside by directing the Magistrate to decide the complaint afresh from the stage of fnal hearing.

Prayer is opposed on the ground that observations made in Rozanama dated March 5, referred above and in observation in para 5 is correct.

This Court need not to go into the controversy, particularly when prima facie it is demonstrated that either the observation in para 5 of the impugned Judgment about non appearance of the complainant's advocate is correct or else, complainant was heard on March 5.

3 8.490.19 alp.doc In the aforesaid background, Judgment of acquittal dated March 12, 2018 delivered by the Judicial Magistrate First Class, Pune in S.C.C. No. 19402 of 2015 warrants interference. As such, for granting fresh opportunity of hearing to the parties from the stage of fnal hearing of the complaint, present appeal needs t be allowed. Judgment impugned is set aside. Parties here agreed that they shall appear before the Magistrate on 16/12/2019 and shall work out the matter from the stage of fnal argument.

With above observations, application for grant of leave stands allowed.

[NITIN W. SAMBRE, J.]