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Bombay High CourtAPPLN/3114/2017disposed off

Santosh S/O. Sitaram Choudhari v. Ramchandra S/O. Mehrumal Motwani

2017-12-21Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CriApln 3114/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CRIMINAL APPLICATION NO. 3114 OF 2017 SANTOSH S/O. SITARAM CHOUDHARI

VERSUS

RAMCHANDRA S/O. MEHRUMAL MOTWANI ...

Advocate for Applicant : Mr. Bhapkar S.b.

...

CORAM : T.V. NALAWADE, J.

DATE : 21st DECEMBER, 2017 PER COURT :

The respondent did not turn up though served with notice.

2.

This is an application for grant of leave to file Appeal against the Judgment and order passed by Joint Judicial Magistrate, First Class, Bhusawal, District Jalgaon in S.C.C. No. 396 of 2014. The Judicial Magistrate, First class, Bhusawal acquitted the respondent for the offence punishable under

2 CriApln 3114/17 Section 138 of Negotiable Instruments Act.

3.

There is arguable case for the reasons given by the learned J.M.F.C. In view of this, application is allowed. Leave to file Appeal is granted. 4.

Appeal is admitted. Notice after admission to the respondent, returnable on 5th February, 2018. The paper-book prepared by Sessions Court is to be called in the present matter by the learned Registrar [Judicial].

( T.V. NALAWADE, J. ) SRM/21/12/17