Indubai Mahadeo Mokashi v. Satish Mahipat Warale And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4181 OF 2015 Indubai Mahadeo Mokashi ...Applicant versus Satish Mahipat Warale & anr

...Respondents

.....

Mr. Nikhil Ghanwat, Advocate h/f Mr. K.B. Autade, Advocate for applicant Mrs. Pooja Langhe, Advocate for respondent No.1 Mr. S.D. Ghayal, A.P.P. for respondent No. 2 .....

CORAM : N.W. SAMBRE, J.

DATE : 14th JUNE, 2016 ORAL ORDER :

Heard learned Counsel for the applicant for some time. 2.

An order of acquittal under Section 138 of the Negotiable Instruments Act is the subject matter of the present proceedings. The acquittal appears to be based on xerox copy of an agreement instituted on stamp paper of Rs.5/- on 04/12/1998 i.e. Exhibit-89, photo copy of which was produced by the accused after the evidence of complainant was over.

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In my opinion, case for consideration is made out. Leave to appeal is granted.

3.

Admit.

4.

Learned Counsel waives service of notice respective for respondents.

[ N.W. SAMBRE, J. ] Tupe/14.06.16