Prakash @Bandubhau Raghunath Gadam Prop. Of Shriram Machinery And Tools v. Anup Pundlik Bhojane Proprietor Of Ji Gururdeo Agro Services

56appa135.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 135 OF 2024 IN CRIMINAL APPEAL STAMP NO. 1100 OF 2024 Prakash @ Bandubhau Raghunath Gadam Vs Anup Pundlik Bhojane Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.S. Dhage, counsel for applicant/appellant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 19/08/ 4.

1.

By preferring this appeal, the appellant has challenged the order passed by the Judicial Magistrate First Class, Court No.2, Akot, by which the complaint of the present appellant is dismissed for want of prosecution and the accused is acquitted.

2.

Learned counsel for the appellant submitted that opportunity was not granted to the complainant to take steps, and on technical grounds, the complaint was dismissed. Therefore, opportunity is granted to the present appellant to raise the dispute on its own merit. 3.

Considering the reasons mentioned in the application, the appellant has many arguable points in the appeal, hence criminal application is allowed. 4.

Leave is granted to the appellant to file an appeal. The appeal be registered.

rkn

56appa135.24.odt 5.

On registration of appeal, notice be issued to respondent.

6.

Stand over after four weeks.

[URMILA JOSHI-PHALKE, J.] rkn