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Bombay High CourtALP/57/2024application allowed

Sustainable Agro Commercial Finance Ltd Through Its Authorised Officer Gajanan Babasaheb Kadam v. Balasaheb Raghuji Kakde

2024-07-23Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} alp57-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR LEAVE TO APPEAL BY PRIVATE PARTY NO. 57 OF 2024 Sustainable Agro Commercial Finance Ltd., Through its Authorized Officer Gajanan Babasaheb Kadam APPLICANT

VERSUS

Balasaheb Raghuji Kakde RESPONDENT .......

Mr. Sudhir K. Chavan, Advocate for the applicant Mr. C. V. Bodkhe, Advocate for the respondent .......

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

1.

Complainant failed to take steps on two dates and hence the complaint filed under section 138 of the Negotiable Instruments Act, is dismissed and the accused is acquitted by the Trial Court as per Section 256 of the Code of Criminal Procedure. 2.

Heard learned advocates for the parties.

3.

This is a fit case to grant leave to file appeal against the impugned order of acquittal.

4.

Hence, the application is allowed. Leave to file appeal against the impugned order of acquittal dated 22nd March, 2024

{2} alp57-24.doc passed in SCC No. 363 of 2019 by learned Chief Judicial Magistrate, Parbhani, is granted.

5.

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

[NITIN B. SURYAWANSHI] JUDGE drp/alp57-24.doc