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Bombay High CourtAPPA/286/2022allowed

Elite Udyog Thr. Its Proprietor Shri Dnyandeo Ninu Patil v. Wahabkha S/O Darabkha Pathan

2022-10-21Hon'Ble Shri Justice G. A. Sanap2 pages

1 / 2 25-APPA 286.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 286 OF 2022 IN CRIMINAL APPEAL (Stamp) NO. 8575 OF 2021 Elite Udyog vs. Wahabkha s/o Darabkha Pathan ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. Abhinandan Karnavat, Advocate for applicant/ appellant.

Mr. P. K. Mohta, Advocate Mr. H. S. Chawhan, Advocate for respondent.

CORAM :

G. A. SANAP J.

DATE : 21/10/2022 Heard Learned Advocate for the applicant/appellant and the learned Advocate for the respondent.

2.

The appeal has been filed against the judgment and order passed in Criminal Appeal No.120 of 2016 by the Sessions Court at Akola. In the Sessions Court, the order of the conviction of the respondent under Section 138 of the Negotiable Instrument Act was challenged. The Sessions Court set aside the order of conviction and acquitted the respondent.

KOLHE

2 / 2 25-APPA 286.2022 3.

It is submitted that the learned Sessions Judge has not properly appreciated the evidence and has come to a wrong conclusion. It is submitted that the grounds of challenge to the impugned judgment and order have been set out in the memo of appeal. It is submitted that this a fit case to grant leave to file appeal against the impugned judgment and order. 4.

On going through the grounds of challenge set out in the memo of appeal, I am satisfied that this is a fit case to grant leave to file appeal.

5.

Accordingly, leave to file appeal against the impugned judgment and order is granted. The appellant shall file private paper book within six weeks from today.

6.

Application is disposed of.

7.

List the appeal after six weeks.

JUDGE CHANDRAKANT KOLHE 16:55 KOLHE