Arun S/O Gopinath Kulkarni v. Satish S/O Shriram Kulkarni

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CR.APLN.NO NO.1182 OF 2017 9 CRIMINAL APPLICATION NO. 1182 OF 2017 ARUN S/O GOPINATH KULKARNI

VERSUS

SATISH S/O SHRIRAM KULKARNI ...

Advocate for Applicant : Mr.Yenegure Apparao Mr.Bhapkar S.B., Adv., for sole respondent.

...

CORAM : P.R. BORA, J.

Dated: September 13, 2017 ...

PER COURT :-

1. Heard learned Counsel for the applicant and the learned Counsel appearing for the respondent.

2. Perused the impugned judgment. Learned Counsel has tendered across the Bar certified copy of the joint Purshis filed by the original complainant and the accused before the trial Court on 1st of February, 2016 wherein the accused has admitted the transaction and has undertaken to repay the said amount. The said aspect does not seem to have been considered by the Court below. I am, therefore, inclined to allow the present application. Hence, following order:

ORDER

1.

The application is allowed.

2.

The appeal be registered in accordance with law. 3.

On registration of the appeal, issue notice to the agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CR.APLN.NO NO.1182 OF 2017 respondents in the appeal returnable after four weeks. Learned Counsel Shri S.B.Bhapkar waives service for the respondent.

4.

List the matter for admission after four weeks. 5.

Call for R & P.

( P.R. BORA, J. ) ...

agp/-