M/S Chinnubhai Chimmanlal And Co., Through Its Proprietor Sameer Latif Shah v. M/S Arunkumar Vishwanathrao Deone Thr. Its Proprietor Umakant Vishwanathappa Deoni

220.16crapn -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 220 OF 2016 M/s Chinnubhai Chimmanlal & Co., Through its Proprietor, Shri Sameer Lalit Shah ...Applicant versus M/s Arunkumar Vishwanathappa Deone

...Respondent

.....

Mr. Mukul S. Kulkarni, Advocate for applicant Mr. C. R. Deshpande, Advocate for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 21st MARCH, 2016 ORAL ORDER :

The applicant-original complainant suffered an order of acquittal of accused-respondent in the proceedings under Section 138 of the Negotiable Instruments Act at an appellate stage, though learned Magistrate convicted the accused.

2.

In my opinion, the issue as regards Section 139 of the Negotiable Instruments Act needs to be reconsidered. Hence, leave to appeal stands granted.

3.

Appeal Admit.

220.16crapn -24.

Learned Counsel waives service for respondent. 5.

Action under Section 390 of Criminal Procedure Code to follow.

6.

Interim relief granted earlier to continue.

[ N.W. SAMBRE, J. ] Tupe/21.03.16