Mukesh S/O. Manohar Shukla v. Pradnya W/O. Prakash Sewalkar

1 appa32.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.32 OF 2019 [Mukesh s/o Manohar Shukla .vs. Pradnya w/o Prakash Sewalkar] ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... Shri R.S. Nayak, Advocate for appellant.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : APRIL 18, 2019.

This is an application filed by the appellant-original complainant under Section 378 (4) of the Code of Criminal Procedure for grant of special leave to appeal against the order dated 13.11.2018 passed by the learned 25th Joint Civil Judge, Junior Division and Judicial Magistrate, First Class and Special Court for Section 138 of the Negotiable Instruments Act in Summary Criminal Case No.18897/2015, whereby the respondent-accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. Heard the learned advocate for the appellant. Perused the application. I have considered the grounds of challenge mentioned in the appeal and I am satisfied that a case is made out for grant of leave. Hence, leave as prayed is granted. Criminal Application stands disposed of. Appeal be registered.

CRIMINAL APPEAL NO. OF 2019 Heard.

Issue notice to the respondent made returnable after summer vacation. Call record and proceedings.

JUDGE Gulande