Nihalchand S/O Amolkchand Sethi (Died) Thr. Lrs. 1-A) Ravindrakumar S/O N Sethi And ANR v. Maharashtra Feed Agency And ANR

13-crappln1387-15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1387 OF 2015 Nihalchand s/o. Amolkchand Sethi (died through Lrs.) Vs.

Maharashtra Feed Agency and anr.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.S.Gandhi, advocate for applicants Mr.D.K.Kulkarni, advocate for respondent no.4 Mr.A.U.Deshmukh, advocate for respondent no.5 CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 15, 2016 PER COURT :

Heard.

2] Learned counsel for the applicants, on instructions, seeks withdrawal of the present application as regards respondent nos.3 and 5 with liberty to file Criminal Revision Application in the sessions court.

3] Allowed to withdraw and disposed of as regards respondent nos.3 and 5 with liberty as prayed for.

13-crappln1387-15 4] Considering the material on record and the issue, as to whether present respondent no.4 could have been acquitted by the learned trial Court in a proceedings under Section 138 of the Negotiable Instruments Act on his plea that he has retired from the partnership firm, leave to file the appeal is hereby grated.

5] The respondents would be at liberty to take defences including the defence that has arisen due to passing of the order dated 13th October, 2015 by this Court.

[M.T. JOSHI, J.] kbp