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Bombay High CourtAPPA/449/2019allowed

Unique Traders Pusad v. Mohd. Saleem S/O Mohd Yunus

2021-01-12Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

7APPA 449.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 449 OF 2019 IN CRIMINAL APPEAL NO............. OF 2019 (Unique Traders, Pusad, through its Proprietor of Mohd. Iqbal s/o Haji Noor Mohammad, Yavatmal Vs. Mohd. Saleem s/o Mohd. Yunus Agawan, Amravati) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri S. Raisuddin, Advocate for the applicant/ appellant.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 12, 2021.

Heard.

2] None appears for the respondent, though served.

3] This is an application for condonation of 75 days delay caused in preferring criminal application along with criminal appeal against the order dated 03/12/2018 passed by the J.M.F.C., Pusad in Summary Criminal Case No. 1969/2012, whereby the accused/respondent herein was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

4] Considering the reasons assigned in the application, and finding them to be satisfactory, the

7APPA 449.2019 same is allowed. Delay is condoned. Appeal be registered.

CRIMINAL APPEAL NO................ OF 2019.

The appellant is seeking leave to file appeal to challenge the order of acquittal..

2] Leave granted.

3] Issue notice for final disposal of the matter to the respondent, returnable after four weeks.

4] Call R & P.

JUDGE Sumit