Vitthal S/O. Fakiraji Mankar v. Vasantrao S/O. Ramkrushna Deoghare

appa207.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.207 OF 2019 (Vitthal s/o Fakirji Mankar Vs. Vasantrao Ramkrushna Deoghare) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.N. Ansari, Advocate for Applicant/Appellant. Smt. R.D. Raskar, Advocate for Respondent.

CORAM: ROHIT B. DEO, J.

DATE: 12 th JUNE, 2019.

This is an application for condonation of delay in filing an application for grant of leave to appeal from the judgment and order of acquittal.

2] Although, the learned counsel Smt. Raskar objects to condonation of delay, in view of the reasons stated particularly in paragraphs 7 and 8 the delay is condoned.

Criminal Appeal No. /2019:

The issue is whether the complainant established such foundational facts as would activate the statutory presumption under Section 118 and 139 of the Negotiable Instruments Act 1881. Considering the evidence and the reasons recorded by the trial Court, it would be appropriate if this Court has a second look on the material on record. Leave to appeal is granted. The appeal be registered.

appa207.19.O.odt 2] Smt. R.D. Raskar, the learned counsel waives service for respondent.

JUDGE NSN