Sandip Vasant Lambe v. Mahadu Kannhiram Chavan

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3641 OF 2014 Sandip s/o. Vasant Lambe .. Applicant Vs.

Mahadu s/o. Kannhiram Chavan .. Respondent ---- Mr.H.U.Dhage, Advocate for the applicant Mr.D.K.Rajput, advocate for respondent - sole ---- AND CRIMINAL APPLICATION NO.3639 OF 2014 Sandip s/o. Vasant Lambe .. Applicant Vs.

Mahadu s/o. Kannhiram Chavan .. Respondent ---- Mr.H.U.Dhage, Advocate for the applicant Mr.D.K.Rajput, advocate for respondent - sole ---- CORAM : M.T. JOSHI, J.

DATE : 19/11/2015 ORAL ORDER :

Heard Mr.Dhage, learned counsel for the applicant. He tenders a true copy of the Roznama maintained by the trial court. The same is accepted and marked as "X" for the purpose of identification.

2] The record would show that in the proceedings under Section 138 of the Negotiable Instruments Act, the respondent/accused had remained absent twice and

2 10-CRAPPLN3641-14.odt therefore, non-bailable warrant was issued. The respondent again remain absent and finding that no steps were taken by present applicant/complainant on one date, on the next date, the complaint came to be dismissed in default.

3] Considering all the facts on record, in my view, leave to file appeal needs to be granted. Leave granted in both the applications. Both the applications are allowed and disposed of accordingly. Appeals be registered.

4] The appeals are admitted.

5] By consent of the parties, the appeals are taken up for final disposal.

6] For the reasons forwarded herein above, both the appeals are allowed. The impugned judgments and order passed by learned Judicial Magistrate F.C. acquitting the respondent are hereby set aside.

7] Instead, the proceedings filed before learned Judicial Magistrate F.C. are restored to file. Learned

3 10-CRAPPLN3641-14.odt Judicial Magistrate F.C. is directed to proceed with the proceedings in accordance with law upon appearance of both the parties. Both the parties shall appear before learned Judicial Magistrate F.C. on 5th January, 2016. [M.T. JOSHI] JUDGE kbp