Pawanraje Nimbalkar Nagari Sahakari Pathsanstha Ltd., Osmanabad Through Dnyaneshwar Mahadeo Bhosale v. Shaheda Majid Sayyad

cran 3788.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CRIMINAL APPLICATION NO.3788 OF 2019 PAWANRAJE NIMBALKAR NAGARI SAHAKARI PATHSANSTHA LTD.,OSMANABAD THROUGH DNYANESHWAR MAHADEO BHOSALE

VERSUS

SHAHEDA MAJID SAYYAD ...

Advocate for Applicant : Mr M B Kolpe h/f Wakure S A. ...

CORAM : KISHORE C. SANT, J.

Dated: December 15, 2022 ...

PER COURT :- 1.

Heard learned Advocate for the applicant. He states that, the applicant is the Society, who had disbursed the loan to the respondent. Towards repayment of the loan, cheque was issued by the respondent, which was dishonoured. The complaint was, therefore, fled under section 138 of the Negotiable Instruments Act. However, on technical grounds, the learned Court below has recorded fnding of acquittal. The applicant-society requires to follow the procedure before taking the decision to fle appeal against acquittal. It is for this reason, a delay of 43 days is aaa/-

cran 3788.19.odt caused in fling the application seeking leave to fle appeal against acquittal.

2.

Inspite of service of notice, none appears for the respondent.

3.

Considering that delay is of 43 days caused for the reasons stated in the application, this court fnds that delay deserves to be condoned. Hence, the application is allowed. Delay is condoned. Offce to register the ALP. Criminal application stands disposed off.

( KISHORE C. SANT, J. ) ...

aaa/-