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Bombay High CourtAPPLN/7053/2014disposed off

Pratap S/O Kashinath Chintamani v. Shankar @ Balu S/O Sandipan Gangne

2015-11-30Hon'Ble Shri Justice M.T. Joshi1 pages

criapln7053-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 7053 OF 2014 (Pratap s/o Kashinath Chintamani Vs. Shankar @ Balu s/o Sandipan Gangne) ---- Mr. S.W. Munde, Advocate for the applicant Mr. S.B. Bhapkar, Advocate for the respondent ---- CORAM : M.T. JOSHI, J.

DATE : 30/11/2015 ORAL ORDER :

1.

Heard both sides.

2.

In the proceeding under section 138 of the Negotiable Instruments Act, the learned Judicial Magistrate First Class has acquitted the respondent inter-alia on the ground that there was no personal service of notice as the same was on the father of the respondent and further the cheque number differs. 3.

Considering all the facts on record, as arguable case is made out, leave to file appeal is hereby granted. The office to register the appeal as per due procedure of law.

4.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln7053-2014