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Bombay High CourtAPPA/500/2022disposed off

Kirankumar Shriram Ingale v. Shailesh Sudhakar Bhagat

2023-06-08Hon'Ble Justice Urmila Joshi Phalke2 pages

75.APPA.500.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.500 OF 2022 IN CRIMINAL APPEAL (ST.) NO.3931 OF 2022 (Kirankumar Shriram Ingale Vs. Shailesh Sudhakar Bhagat) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Raju Kadu, Advocate for the appellant.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JUNE 08, 2023.

Heard.

2.

The appellant, who is the original complainant, has challenged the judgment and order, passed on 29.03.2022 by the learned 3rd Additional Chief Judicial Magistrate, Akola whereby the respondent came to be acquitted for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881.

3.

The learned Counsel for the appellant submits that the appellant has good case on merit. The learned Counsel submits that the evidence adduced by the appellant has not been properly appreciated by the learned trial Judge. The learned Counsel submits that therefore leave to file appeal against Judgment and order may be granted.

4.

In view of the facts and circumstances placed on record, leave to file appeal against the impugned Judgment and order is granted. Appeal be registered.

75.APPA.500.22.odt CRIMINAL APPEAL NO. .................... OF 2023 Heard.

2.

ADMIT.

3.

Call for Record and Proceedings.

4.

Place the matter for final hearing after receipt of R. & P.

(URMILA JOSHI-PHALKE, J.) *Divya