Gunwantrao S/O. Vyankatrao Bagade v. Chandrabhan S/O. Somaji Hedau

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPA) 756 of 2016 (Gunwantrao s/o. Vyankatrao Bagade...Vs... Chandrabhan s/o. Somaji Hedau) ______________________________________________________________________________ OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders CORAM : ROHIT B. DEO, J.

DATE : 31.08.2017.

None appears for appellant.

Learned counsel Shri. Khedikar holding for Uday Dable, appears for respondent.

The respondent accused was convicted of offence punishable under section 138 read with section 142 of Negotiable Instruments Act, 1881. The conviction is set aside by the learned Sessions Judge only on the ground that the complainant did not prove that the statutory notice was served.

The learned Sessions Judge has not appreciated the import and implication of the law laid down by the Hon'ble Supreme Court

in C.C. Alavi Haji vs. Palapetty Muhammed & Another, (2007) 6 SCC 555, obviously as the said judgment was not brought to her notice.

This Court feels it necessary to have a second look at the contention of the accused, which is accepted by the learned Sessions Judge that the complainant failed to prove service of statutory notice.

Hence, Criminal Application 756 of 2016 seeking leave to appeal is allowed.

Admit.

Appeal be registered. Record and proceedings be summoned.

In view of the short question of law involved, list the appeal for final disposal in the first week of October, 2017.

For the reasons stated in the application, delay is condoned.

JUDGE Belkhede