Umesh Mahadeorao Bijawe v. Vishal Wasudevrao Khajbage

23appa1095.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 1095/2022 IN C RIMINAL APPEAL STAMP NO. 5830/2022 UMESH MAHADEORAO BIJAWE VS VISHAL WASUDEVRAO KHAJBAGE Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Vinay Dahat, counsel for the applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/07/ 3.

1.

Present application is filed along with leave to file the appeal as the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 is dismissed.

2.

Mr Vinay Dahat, learned counsel for the applicant submitted that present applicant is the complainant, who has filed the complaint under Section 138 of the Negotiable Instruments Act, 1881. Due to the Covid Pandemic situation, the complainant could not remain present. Subsequently, his counsel has also sustained a brain stroke. Therefore, his counsel could not intimate the present applicant, regarding the date fixed before the Court and therefore, the applicant could not remain present. In view of that, complaint is rkn

23appa1095.2022.odt dismissed under Section 256 of the Code of Criminal Procedure and the non-applicant is acquitted. 3.

Learned counsel for the applicant has made out the grounds which shows that, there are arguable points available to the applicant.

4.

In view of the above, leave is granted to the present applicant.

5.

Issue notice to the non-applicant, returnable after four weeks.

JUDGE Signed By:RAJESH K NANDURKAR rkn