Ritesh S/O Madhukarrao Bhoyar v. Amol S/O Sarjerao Chaudhary

Order 15appa624

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 624/2021 IN CRIMINAL APPEAL NO. /2021 (Shri Ritesh S/o Madhukarrao Bhoyar Vs. Shri Amol S/o Sarjerao Chaudhary) Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Shri S. N. Singh, Advocate for applicant/appellant. CORAM : VINAY JOSHI, J.

DATE : 29.10. 2021.

Heard.

2.

The applicant/appellant who is original complainant is seeking leave to file appeal to challenge the order of acquittal dated 18.09.2021. Initially, the applicant has filed complaint bearing Summary Criminal Case No. 1251/2017 for offence punishable under Section 138 of the Negotiable Instruments Act. Vide impugned order dated 18.09.2021, the Trial Court has dismissed the complaint for his absence and accordingly acquitted the accused.

Order 15appa624 3.

Learned counsel for the applicant took me through the order sheet dated 08.06.2021, 08.07.2021, 01.08.2021 and 18.09.2021. It reveals that the matter was kept in Lok Adalat and then on next date, it was dismissed though the appellant has sought for adjournment. Apparently, the case was not disposed on merit, hence leave granted.

CRIMINAL APPEAL NO. /2021 1.

Heard.

2.

Admit.

3.

Issue notice to the respondent returnable after four weeks.

4.

Call for R. and P.

JUDGE Gohane.