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Bombay High CourtCRIA/24/2024appeal abated

The Old Goa Urban Cooperative Credit Society Ltd, Thr. Recovery Officer Kajol A. Naik v. Kishore Uttam Raut And ANR

2024-06-19Hon'Ble Shri Justice Bharat P. Deshpande2 pages

CRIA.24 OF 2024 Shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NO.24 OF 2024 THE OLD GOA URBAN COOPERATIVE CREDIT SOCIETY LTD, THR. RECOVERY OFFICER KAJOL A. NAIK ... APPELLANT

Versus

KISHORE UTTAM RAUT AND ANR ... RESPONDENTS Mr. Rohan Kuncoliker with Ms. Sangeeta Raul, Advocates for the Appellant.

Mr. Gaurish Nagvenker, Additional Public Prosecutor for Respondent No. 2.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 19th June, 2024 P.C.

1. None present for the Appellant.

2. On 06.05.2024, the following order was passed :- P.C.

1. Learned Additional Public Prosecutor on the basis of the wireless received from Goa Police states that Respondent No. 1 expired a year back and therefore, the notice is returned unserved.

2. A copy of the wireless message is placed on record and marked 'X' for identification. The Appellant to take necessary steps.

3. Stand over to 19.06.2024.

19th June 2024

CRIA.24 OF 2024

3. Reports from the concerned Police Station is received which is marked 'X' for identification wherein there is an endorsement that Respondent No.1 expired last year.

4. The present appeal is filed by the Society against the Respondent No.1 who is found to be accused in Criminal Case No. OA/267/2017/C. The said case was filed under Section 138 of the Negotiable Instruments Act. The learned Magistrate had acquitted the Accused/Respondent No.1, against which the present appeal is filed.

5. Since the Accused/Respondent expired about one year back, the present proceedings stands abated.

6. Proceedings is closed.

BHARAT P. DESHPANDE, J.

19th June 2024