Shri Kedareshwar Sahakari Sakhar Karkhana Ltd v. State Of Maharashtra And ANR

(1) Cr. Appln.7025/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 7025 OF 2014 Shri Kedareshwar Sahakari Sakhar Karkhana Ltd., At Suman Nagar, Post Bodhegaon, Tq. Shevgaon, Dist. Ahmednagar Through its authorized Officer Shri Mukund Shivaji Mahajan, Age : 39 years, Occu.: Service, R/o. At Bodhegaon, Tq. Shevgaon, District Ahmednagar .. Applicant Vs.

1] The State of Maharashtra 2] Balu S/o Lala Jadhav, Age : Major, Occu.: Labour Contractor, R/o Lonawala, Post Behnda Takli, Tq. Georai, Dist. Beed (Orig. Accused) .. Respondents ---- Mr. V.B. Jadhav, Advocate i/b. Mr. A.V. Hon, Advocate for applicant Mr. U.S. Mote, A.P.P. for respondent-State Mr. B.S. Kudale, Advocate for respondent no.2 ---- CORAM : M.T. JOSHI, J.

DATE : 25/08/2015 ORAL ORDER :

Heard both sides.

2.

Aggrieved by the discharge of the respondent no.2 from the offence punishable under section 138 of the Negotiable Instruments Act due to the non-appearance

(2) Cr. Appln.7025/2014 of the present appellant-complainant in the proceedings, the applicant wants to file appeal and, therefore, the present application for leave to file appeal. 3.

The record would show that the present respondent no.2 has appeared once and, thereafter, continued to remain absent. Therefore, time and again, bailable warrants were issued against him. However, the Police authorities did not serve them. Ultimately, fed up with the same, the applicant sought atleast notice to the respondent no.2 by Registered Post A.D. through the Court, however, the acknowledgment also did not reach to the Court. After taking all these pains for months together, when ultimately, the appellant/applicant remained absent for two dates, the complaint came to be dismissed.

4.

In view of these facts, the application for leave to appeal deserves to be allowed. Criminal Application is accordingly allowed. Appeal be registered as per due procedure of law.

5.

Appeal stands admitted. Learned A.P.P. and learned counsel for respondent no.2 waives notice, upon

(3) Cr. Appln.7025/2014 admission of the appeal.

6.

Heard both sides in the appeal also.

7.

For the reasons already forwarded, the appeal is allowed. The order of the learned Judicial Magistrate First Class, Shevgaon dated 27/6/2014 passed in S.T.C. No. 184 of 2002 is hereby quashed and set aside. .

Instead, the proceeding is remanded back to the learned Judicial Magistrate First Class, Shevgaon. 8.

Both sides are directed to appear before the learned Judicial Magistrate First Class, Shevgaon on 30/09/2015.

9.

The learned Judicial Magistrate First Class, Shevgaon is directed to decide the complaint as per the due procedure of law.

10.

Criminal Application as well as the appeal stand disposed of accordingly.

[M.T. JOSHI] JUDGE arp/