Rajaram Shankar Nirwan v. Rahul Jaysing Shinde

{1} alp29-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR LEAVE TO APPEAL BY PRIVATE PARTY NO. 29 OF 2024 Rajaram Shankar Nirwan APPLICANT

VERSUS

Rahul Jaysing Shinde RESPONDENT .......

Mr. Dnyaneshwar R. Kale, Advocate for the applicant Mr. B. B. Bhise, APP for respondent - State Mr. S. L. Bhapkar, Advocate for respondent No.1 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 23 rd JULY, 2024 ORDER :

1.

By this application, applicant seeks leave to file appeal to challenge the impugned judgment and order of acquittal passed by the Sessions Court.

2.

Applicant filed proceedings under section 138 of the Negotiable Instruments Act against respondent. Trial Court convicted the respondent. In appeal, Appellate Court acquitted him.

3.

On perusal of the impugned judgment of the Appellate Court and upon hearing learned advocates for the parties, this Court is of the view that this is a fit case to grant leave to file

{2} alp29-24.doc appeal against acquittal.

4.

Hence, the application is allowed. Leave to file appeal against impugned judgment and order of acquittal dated 2nd January, 2024 passed in Criminal Appeal No. 85 of 2016, by learned Additional Sessions Judge, Ahmednagar, is granted. 5.

Appeal be registered. List the appeal for further consideration after two weeks.

[NITIN B. SURYAWANSHI] JUDGE drp/alp29-24.doc