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Bombay High CourtAPPA/365/2016others disposed off

Kunal Pramod Mishra v. Manish Purushottam Manshani

2017-08-28Hon'Ble Shri Justice Rohit Baban Deo2 pages

appa365of16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPA) No. 365 of 2016 (Kunal Pramod mishra ...Vs... Manish Purushottam Manshani) ______________________________________________________________________________ OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders CORAM : ROHIT B. DEO, J.

DATE : 28.08.2017.

Heard.

The only reason given by the learned Trial Court for acquitting the accused for offence punishable under section 138 read with section 142 of the Negotiable Instruments Act, 1881, is that the statutory notice is not issued within 30 days.

I have perused the judgment. This Court would like to have a second look at the reasoning given by the learned Magistrate both on facts and on law. Every other finding is are recorded in favour of the complainant. Leave to appeal is granted. Appeal

appa365of16.odt be registered.

Private paper book is dispensed with.

However, let the record and proceedings be summoned.

The appeal be listed for final hearing in the first week of December, 2017.

JUDGE Belkhede, PA