Dr. Jayprakash Mundada Urban Co-Op. Bank Ltd. Jawla Bazar v. Devashis Trading Com .Prop. Sanjay S/O Govindnarayan Somani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2924 OF 2015 Dr. Jayprakash Mundada Urban Co-op.

Bank Ltd., Jawla Bazar ...Applicant versus Devashis Trading Company

...Respondent

.....

Mr. S.G. Gangakhedkar, Advocate for applicant Mr. S.K. Chavan, Advocate for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 14th MARCH, 2016 ORAL ORDER :

Heard.

2.

Learned Judicial Magistrate, First Class, Aundha (N) on 07/05/2015 in Summary Criminal Case No. 141 of 2011 was pleased to acquit the respondent-accused of an offence punishable under Section 138 of the Negotiable Instruments Act, on the ground that the complaint was not filed within prescribed limitation. 3.

Looking to the dates as are narrated in paragraph-22 of the judgment, in my opinion, case for consideration is made out. 4.

In view thereof, leave to file an appeal stands granted.

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Appeal Admit.

6.

Learned Counsel appearing on behalf of respondent waives service for respondent.

7.

Action under Section 390 of Code of Criminal Procedure to follow.

[ N.W. SAMBRE, J. ] Tupe/14.03.16