Videocon Industries Ltd v. M/S.Natraj Electronics And Another

criapln6062-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6062 OF 2013 (Videocon Industries Ltd. Vs. M/s Natraj Electronics and another) ---- Mr. L.B. Palod, Advocate for the applicant ---- CORAM : M.T. JOSHI, J.

DATE : 31/03/2015 ORAL ORDER :

1.

Heard learned counsel for the applicant. None appears for the respondents, though duly served. 2.

The evidence on record as well as the judgement of the trial court would reveal that in fact the cheque was issued by respondent No. 2 towards the discharge of legal liability. The complaint, however, came to be dismissed solely on the ground that as the respondents have not account with H.D.F.C. bank, the cheque was returned for the reason "not arranged for", and therefore, the learned Judicial Magistrate First Class has acquitted the respondents.

3.

In the circumstances, without making any further comment on merit of the case, in my view, an

criapln6062-2013 arguable case is made out. The leave to file appeal is, therefore, granted. Office to register the appeal. The present application accordingly stands allowed and disposed of.

4.

Appeal stands admitted, upon registration thereof. Since the respondents are absent, action under section 390 of the Code of Criminal Procedure be taken. The learned Judicial Magistrate First Class to issue summons against the respondent No. 2 and release on bail, upon his executing P.R. bond in the sum of Rs. 30,000/- and also upon furnishing surety in the like amount, for securing his attendance in this Court. [M.T. JOSHI] JUDGE npj/criapln6062-2013