Vishnu S/O. Baliram Dhere v. Ankush S/O. Manikrao Dhere And Others

1 925 alp 225-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO.225 OF VISHNU S/O. BALIRAM DHERE

VERSUS

ANKUSH S/O. MANIKRAO DHERE AND OTHERS ...

Advocate for Appellant : Mr. M. D. Gitte ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 18/10/2023.

P. C. :

1.

Heard learned counsel for the applicant. The respondents, who are original accused, despite service in delay aplication, remained absent.

2.

The record shows that the complaint of the applicant / complainant was dismissed vide order dated 18/08/2018 for want of steps i.e. leading evidence before charge. According to the learned counsel for the applicant / complainant he could not lead the evidence due to personal difficulty of himself as well as his advocate. Though the reason mentioned for not leading the evidence is not proper, but considering the principle of natural justice, one opportunity needs to be given to the applicant. The respondents despite service, failed to contest the application and therefore, the application stands allowed and leave as prayed by the

2 925 alp 225-18 applicant / complainant is granted and the appeal of the appellant be registered after removal of office objections, if any. 3.

The application for leave to appeal is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-