Indian Cane Power Ltd., Uttur Through Its Authorized Officer Sharad Sadasahiv Chougale v. Bapu Jalinder Potabhare

2024:BHC-AUG:21724 {1} 54-alp-154-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 154 OF 2024 Indian Cane Power Ltd. Uttur, Through its Authorized Officer Shri. Sharad Sadasahiv Chougale

VERSUS

Bapu Jalinder Potabhare .....

Mr. Tushar Shinde h/f. Mr. C.K. Shinde, Advocate for applicant .......

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 18th SEPTEMBER 2024 ORDER :

1.

By this application filed under Section 378 (4) of Code of Criminal Procedure, applicant seeks leave to file appeal against judgment and order of acquittal dated 25.01.2022 passed by learned Judicial Magistrate First Class, Kaij, Dist. Beed in S.C.C. 08/2015, by which complaint filed by applicant under Section 138 of Negotiable Instrument Act is dismissed for want of prosecution and for want of steps and respondent is acquitted under Section 256 of Cr.P.C.

2.

Heard learned advocate for applicant. Perused the memo of application, grounds raised therein and the impugned order.

Bhagyawant Punde

{2} 54-alp-154-2024 3.

On perusal of impugned order and the documents annexed with this application, this appears a fit case to grant leave to file appeal. Hence, application is allowed. 4.

Leave is granted to file appeal against judgment and order of acquittal dated 25.01.2022 passed by learned Judicial Magistrate First Class, Kaij, Dist. Beed in S.C.C. 08/2015. 5.

Appeal be registered.

6.

List the appeal for further consideration on 01.10.2024.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde