Bombay High CourtAPPA/996/2018allowed

Gunwant Keshaorao Pawar v. Anwar F. Pirani Prop. Keshav Sales Corporation,

2018-10-16Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa996.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.996/2018 IN CRIMINAL APPEAL NO. /2014 Gunwant Keshaorao Pawar ..Vs..

Anwar F. Pirani - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.C. Bhalerao, Advocate for the applicant. CORAM : Z.A. HAQ, J.

DATE : 16.10.2018.

The non-applicant / respondent is served on Criminal Application (APPA) No.520/2014 filed by the applicant / appellant praying for condonation of delay in filing the appeal with prayer for grant of leave to file appeal. This Court found that the non-applicant / respondent had been avoiding service of notice and, therefore, on 4th October, 2018 an order is passed recording that it be treated that the notice is served on the non-applicant / respondent and delay is condoned. The non-applicant / respondent is aware about the pendency of this proceedings before this Court. Original complainant whose complaint under Section 138 of the Negotiable Instruments Act, 1881 is dismissed has filed appeal to challenge the judgment passed by the learned Magistrate.

Considering the facts of the case, applicant /

2 appa996.18 appellant is granted leave to file appeal to challenge the above referred judgment. Criminal application is allowed accordingly.

CRIMINAL APPEAL NO. /2014 Issue notice to the respondent, returnable on 22nd January, 2019.

Call R. & P.

In addition to usual mode, the appellant shall serve the copy of memorandum of appeal on the respondent by speed post acknowledgement due. JUDGE Tambaskar.