Bombay High CourtAPPA/6/2018disposed off

M/S Dagoba Mahadure Industries, Nagpur Thorugh Its Parnter Manohar S. Mahadure v. Jitendra S/O Bhavarlal Sarda And Others

2018-08-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa6.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.6 OF 2018 IN CRIMINAL APPEAL NO. OF 2018.

(M/S. DAGOBA MAHADURE INDUSTRIES...VS.. JITENDRA BHAVARLAL SARDA & 9 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.M.Kharkate, Advocate for Applicant.

Shri P.S.Khubalkar, Advocate for Respondent No.1. Shri Y.B.Mandpe, Advocate for Respondent Nos.2 & 9. CORAM : Z.A.HAQ, J.

DATED : AUGUST 29, 2018.

Heard.

One of the submission on behalf of the applicant/ appellant is that though the accused Nos.2 to 9 were declared as absconding and have not faced the trial, the learned Magistrate has acquitted them.

Shri Y.B.Mandpe, advocate appearing for respondent/accused No.2 submits that the learned Magistrate has rightly appreciated the evidence on record and has acquitted the accused properly.

After examining the rival contentions, I am satisfied that leave is required to be granted to the applicant/appellant to prosecute the appeal.

Leave is granted accordingly. Office to register the appeal.

2 appa6.18 CRIMINAL APPEAL NO. /2018.

ADMIT.

As all the respondents/accused are already served, fresh notice to them is not required. Call R & P.

Action under Section 390 of the Code of Criminal Procedure against the accused Nos. 3 to 9.

Accused Nos. 1 and 2, who are represented before this Court by advocates, shall furnish bail bonds and surety on the same terms as was directed by the learned Magistrate in the case of accused No.1, within four weeks.

JUDGE RRaut..