Nanakram S/O Hajarimal Paraswani v. The State Of Maharashtra And ANR

criapln6887-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6887 OF 2015 (Nanakram s/o Hajarimal Paraswani Vs. The State of Maharashtra and another) ---- Mr. S.J. Jain, Advocate for the applicant Mr. R.V. Dasalkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 06/01/2016 ORAL ORDER :

1.

Heard learned counsel for the applicant.

2.

Learned counsel for the applicant points towards the fact that the plea of loss of the cheque was taken at belated stage and even no reply to the notice sent by registered post A.D. was given though duly served. He, therefore, submits that the learned Judicial Magistrate First Class committed mistake in acquitting the respondent No. 2 from the offence punishable under section 138 of the Negotiable Instruments Act, considering the plea of loss of the cheque.

3.

Considering all the above facts on record,

criapln6887-2015 leave to file appeal is hereby granted. The appeal be registered as per the due procedure of law.

.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln6887-2015