Sanjay S/O. Ramratan Shivhare v. Shri Mahesh P. Kumbhare

1 appa104.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.104 OF 2019 [Sanjay s/o Ramratan Shivhare .vs. Mahesh P. Kumbhare] ........................................................................................................................... Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ................................................................................................................................................................. CORAM : MRS. SWAPNA JOSHI, J.

DATED : APRIL 24, 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 27.11.2018 passed by the learned Judicial Magistrate, First Class (Special Court for 138 of the N.I. Act) at Nagpur in SCC No.12771/2016, whereby the respondent was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. Heard Shri B.H. Tekam, 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 Call record and proceedings.

(MRS. SWAPNA JOSHI, J.) Gulande