Chandrakant Nivruti Batkulwar v. M/S Pyaramid Enerprises C.M.D. Vilas Ananda Kasurde

2025:BHC-AUG:11853 960-ALP-17-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 17 OF Chandrakant Nivruti Batkulwar ....Appellant

VERSUS

M/s Pyaramid Enerprises C.m.d.

Vilas Ananda Kasurde .....Respondent .....

Ms. Mapari Savita G., Advocate for Appellant .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

23.04.2025 PER COURT :

1.

This is an Application for Leave to Appeal by the Complainant in S.T.C No.1355/2014. Since the said Complaint, which was fled for the offence punishable under Sections 138 of the Negotiable Instrument Act, 1881, came to be dismissed for want of taking steps by the Complainant, by order 18/02/2017, this Application for Leave to Appeal is fled.

2.

Though the Sole Respondent has caused appearance through the Advocate, none appears for the Sole Respondent. The order dated 08/04/2025 shows that, none appeared for the Sole Respondent and it was made clear that, if none appears for the Respondent on the next date, the Application would be heard. The previous orders dated 18/03/2025 and 27/01/2025 show that, none appeared for the Sole Respondent.

3.

According to the learned Advocate for the Applicant, the Junior of the learned Advocate, who is looking after the Complaint,

960-ALP-17-2025.odt had left the Offce and there was non communication between the Senior and Junior Advocates. He submits that, the delay in prosecuting the Complaint was not intentional. 4.

In view of the above, leave granted to prefer the Appeal against the said order passed by the learned Magistrate. The Application for Leave to Appeal stands disposed off. The Appeal shall be registered.

[NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 24/04/2025 20:27:48