Sandesh Kamalkishor Randad v. Ramesh Fulchand Baheti

1 appa930.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.930 OF 2018 [Sandesh Kamalkishor Randad .vs. Ramesh Fulchand Baheti] ....................................................................................................................................................... ...

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... ....

Shri Thotange, Advocate h/f Shri U.J. Deshpande, Advocate for appellant, Shri P.K. Mohta, Advocate for respondent.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : APRIL 12, 2019.

This is an application filed by the appellant-original complainant under Section 378 (4) of the Code of Criminal Procedure for grant of special leave to appeal against the order dated 13.7.2018 passed by the learned Judicial Magistrate, First Class at Akola (Court No.7) in SCC No.786/2011, whereby the respondent was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Heard the learned advocate for the appellant. Perused the application. I have considered the grounds of challenge mentioned in the appeal and I am satisfied that a case is made out for grant of leave. Hence, leave as prayed is granted. Appeal be registered. CRIMINAL APPEAL NO. OF 2019 Heard.

Admit.

Call record and proceedings.

Shri Mohta, learned advocate waives notice on behalf of the respondent.

JUDGE Gulande