Mohammed Yusuf Khan Mohd. Mahemud Khan v. Mir Irshad Ali S/O Mahemud Ali Proprietor Of Aseel Tours And Travels

2024:BHC-AUG:18703 criapel598-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.598 OF 2024 Mohammed Yusuf Khan Mohd Mahemud Khan APPELLANT

VERSUS

Mir Irshad Ali Mahemud Ali RESPONDENT .......

Mr. Shaikh Tarek Mobin H., Advocate for the appellant Mr. Ahmedulla Mohammad Waweemulla, Advocate for respondent .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 21 st AUGUST, 2024 ORDER :

1.

Heard.

2.

For the reasons stated in order dated 2nd July, 2024, passed in application for leave to appeal No. 53 of 2024, appeal is allowed in terms of prayer clause "C". Impugned judgment and order of acquittal dated 16th December 2023 passed by learned 5th Judicial Magistrate First Class, Beed, in SCC No. 513 of 2019 is quashed and set aside, on condition that appellant shall pay cost of Rs.5000/- to the respondent - accused in the Trial Court, within four weeks from today. Matter is remitted back to the Trial Court. Parties shall appear before the Trial Court on 25th September, 2024. Formal notice to that effect is, therefore, waived. Trial is expedited.

[NITIN B. SURYAWANSHI] JUDGE drp/criapel598-24.doc