Malay S/O Narendrakumar Doshi v. M/S Rathi Agencies Thr. Its Proprietor Shri Mohanlal Rathi

2024:BHC-NAG:4575 55.APPA.293.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.293 OF 2024 IN CRIMINAL APPEAL (ST.) NO.2308 OF 2024 (Shri Malay s/o Narendrakumar Doshi Vs. M/s Rathi Agencies) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. P.P. Kothari, Advocate for the applicant. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- APRIL 22, 2024 By this application, the appellant is seeking leave to file appeal.

2.

Learned Counsel for the appellant submitted that before the trial Court the appellant has already adduced the evidence but on one date due to some unavoidable circumstances he could not remain present, and therefore, the trial Court has dismissed the complaint and acquitted the respondent. The appellant has every chance of success in the present appeal and he has also pointed out the arguable points from which he shown that the learned trial Court has not considered the evidence before it and erroneously acquitted the accused merely because on one date the appellant was absent. 3.

Considering the reasons mentioned in the application and after going through the impugned judgment, it reveals that the appellant has arguable points in the present appeal.

55.APPA.293.24.odt 4.

Leave is granted.

5.

The application is disposed of.

CRIMINAL APPEAL (ST.) NO.2308 OF 2024 Heard.

2.

Call for R. & P.

3.

The matter be listed for final hearing after receipt of R. & P.

(URMILA JOSHI-PHALKE, J.) *Divya