Shekhar S/O. Marotrao Thakare v. Ashok S/O. Nilkanthrao Deshmukh

1 903APPA1222.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1222 OF 2019 IN CRIMINAL APPLICATION (APPA) NO. 1263 OF 2018 Shekhar Marotrao Thakare ..vs..

Ashok Nilkanthrao Deshmukh - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Priyanka R. Arbat, Advocate for appellant. CORAM : VINAY JOSHI, J.

DATED : 08/01/2020.

Heard learned Counsel for the applicant. None present for respondent though served.

2.

The applicant/original complainant is seeking for restoration of application praying for grant of leave to file appeal in terms of Section 378(4) of the Criminal Procedure Code. The appellant'

s private complaint for the offense punishable under section 138 of the Negotiable Instruments Act 1881, was dismissed for want of prosecution. The said order was challenged by way of appeal alongwith the application for grant of leave. This Court vide order dated 21.06.2019 has dismissed the application seeking leave, for want of prosecution.

3.

Considering the reasons stated in the application, the application for seeking leave bearing No. 1263 of 2018 is restored subject to appellant depositing costs of Rs.2,000/- to the High Court Legal

2 903APPA1222.19 Aid Services Sub-Committee, Nagpur within two weeks from today.

4.

Application stands disposed of accordingly.

JUDGE Trupti