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Bombay High CourtALP/40/2022disposed off

Sanjeev Natvarlal Jain v. M/S. Bhujbal Brothers Construction Company, Pune Through Board Of Directors And Others

2023-03-16Hon'Ble Shri Justice Kishore C. Sant2 pages

1 69-ALP 40-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR LEAVE TO APPEAL BY PVT. PARTY NO. 40 OF 2022 Sanjeev Natvarlal Jain .. Applicant

Versus

M/s. Bhujbal Brothers Construction Company Through Board of Directors and others .. Respondents Mr. Mohit S. Shah, Advocate for the Applicant. Mr. S. W. Munde, Advocate for Respondent Nos. 2 to 4. WITH APPLICATION FOR LEAVE TO APPEAL BY PVT. PARTY NO. 41 OF 2022 Sanjeev Natvarlal Jain .. Applicant

Versus

M/s. Bhujbal Brothers Construction Company Through Board of Directors and others .. Respondents Mr. Mohit S. Shah, Advocate for the Applicant. Mr. S. W. Munde, Advocate for Respondent Nos. 2 to 4. CORAM : KISHORE C. SANT, J.

DATED : 16th MARCH, 2023.

P. C. :- .

Both these applications are filed seeking leave to file appeals against acquittal challenging the orders passed by the learned J.M.F.C., Dhule dated 08.12.2021 and 10.12.2021 thereby dismissing the complaints for default.

2 69-ALP 40-2022.odt 2.

Considering the fact that, the cases were filed for the offence punishable under Section 138 of the Negotiable Instruments Act, this Court finds that, a case is made out to grant leave to file appeals against acquittal.

3.

Leave is granted as prayed for.

4.

Office to register these applications as appeals. 5.

The criminal applications are disposed off.

( KISHORE C. SANT, J. ) P.S.B.