Mahatma Phule Nagari Sahakari Pathsantha Maryadit, Ahmednagar v. Eknath S/O Asaram Ambekar And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1713 OF 2015 Mahatma Phule Nagari Sahakari Pathsanstha Maryadit, Ahmednagar, Taluka and District Ahmednagar, through its Authorized Signatory Balasaheb s/o Malhari Dhadge, Age : 34 years, Occu. Service, R/o Bhingar, Taluka and District Ahmednagar APPLICANT

VERSUS

1.

Eknath s/o Asaram Ambekar Age : Major, Occu. Business, R/o Ambekar Cycle Mart, Near Vishal Temple, Maliwada, Tq. and District Ahmednagar 2.

The State of Maharashtra RESPONDENTS ---- Mr. R.S. Kasar, Advocate for the applicant Mr. N.C. Garud, Advocate for respondent No. 1 Mr. V.S. Badakh, A.P.P. for the respondent No.2/State ---- CORAM : M.T. JOSHI, J.

DATE : 21/10/2015 ORAL ORDER :

1.

Heard both sides.

2.

The true copy of rojnama maintained by the learned Judicial Magistrate First Class, Ahmednagar in the case (S.T.C. No. 472/2008) is accepted on record and

marked "X" for the purpose of identification. 3.

The record would show that since present respondent No. 1 remained absent for considerable period, time and again warrants were issued against him. Those warrants, however, could not be served on him and ultimately, finding that the present applicantcomplainant did not take any step for again issuing nonbailable warrant against respondent No.1, the complaint filed for the offence punishable under section 138 of the Negotiable Instruments Act was dismissed by the learned Judicial Magistrate First Class.

4.

It is no doubt true that the case was old enough. However, the complainant cannot be penalized for the same. In that view of the matter, leave to file appeal is hereby granted. The application is accordingly allowed. Office to register the appeal as per due procedure of law.

5.

Upon registration of the appeal, it stands admitted and heard. For the reasons already forwarded, the appeal is allowed. The impugned order passed by learned Judicial Magistrate First Class, Ahmednagar in

S.T.C. No. 472/2008 is set aside. The complaint (S.T.C. No. 472/2008) is restored to the file of learned Judicial Magistrate First Class, Ahmednagar, who shall proceed with the proceeding in accordance with law. 6.

Both the parties are directed to appear before the learned Judicial Magistrate First Class, Ahmednagar on 26th November, 2015.

.

The application as well as appeal stand disposed of.

[M.T. JOSHI] JUDGE npj/criapln1713-2015