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Bombay High CourtAPPA/764/2018allowed

National Small Industries Corporation Ltd. New Delhi Thr. Sr. Branch Manager Sajid Hussain Siddiqui v. Shri. Pankaj M. Kannamwar Prop. Shivam Paper Mills Swanagi Road Nagpur

2018-12-04Hon'Ble Shri Justice V.M. Deshpande2 pages

appa764.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.763/2018 National Small Industries Corporation Ltd. thr. its Senior Branch Manager .vs. Pankaj M. Kannamwar _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. A. Vishwarupe, Advocate for applicant. Mr. V. Gadkari, Advocate for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED : DECEMBER 4, 2018 Heard Mr. Vishwarupe, Advocate for the applicant and Mr. Gadkari, learned counsel for the non applicant.

By the present application, the applicant is praying for leave to file appeal challenging the judgment and order of acquittal passed by the learned Judicial Magistrate First Class (Special Court under Negotiable Instruments Act), Nagpur dated 30.05.2018 in Summary Criminal Case No.6934/2010 for an offence punishable under Section 138 of the Negotiable Instruments Act. After hearing the learned counsel for the parties, I am of the view that second thought is necessary to the reasons supplemented by the learned Judge of the Court for acquitting the non applicant. Hence, the application is allowed. Leave is granted to the applicant to file the appeal.

appa764.18.odt Criminal Appeal No. /2018 Heard Mr. Vishwarupe, Advocate for appellant.

ADMIT.

Mr. Gadkari, Advocate waives notice for the respondent.

JUDGE kahale