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Bombay High CourtCRMA/345/2018allowed

Nitin Upadhyay And ANR., v. Bhikaji Arjun Gawade And ANR.,

2018-11-26Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 345 OF 2018 IN STAMP NUMBER MAIN NO. 2497 OF 2018 NITIN UPADHYAY AND ANR., ... Applicants

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BHIKAJI ARJUN GAWADE AND ANR., ... Respondents Shri M. S. Joshi, Advocate for the applicants. Shri A. D. Bhobe, Advocate for the respondent no.1. Coram:- C. V. BHADANG, J.

Date:- 26th November 2018 P.C.

This is an application for leave to appeal against acquittal.

2. The applicant is the original complainant in a complaint under Section 138 of the Negotiable Instruments Act (the Act, for short), filed against the first respondent.

3. The applicant filed an application for exemption on 27/04/2018, which the learned Magistrate has dismissed and acquitted the respondent no.1.

4. Having heard the learned Counsel for the parties, I find that a

CRMA/345/2018 case for grant of leave is made out. The application is allowed. Let the Criminal Appeal be registered.

C. V. BHADANG, J.

SMA