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Bombay High CourtAPPP/390/2015others disposed off

K.G.N. Baba Traders Through Its Power Of Attorney Holder Afiq Ballechand Shikalgaar v. M/S.Rucha Founders Through Its Proprietor Astik Vitthalrao Patil And ANR

2015-07-22Hon'Ble Shri Justice A.R. Joshi2 pages

27.APPA.394-15-GROUP.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.394 OF 2015 IN CRIMINAL APPLICATION NO.458 OF 2014 K.G.N. Baba Traders ..Applicant

Versus

M/s. Rucha Founders and another.

..Respondents WITH CRIMINAL APPLICATION NO.390 OF 2015 IN CRIMINAL APPLICATION NO.459 OF 2014 WITH CRIMINAL APPLICATION NO.395 OF 2015 IN CRIMINAL APPLICATION NO.461 OF 2014 WITH CRIMINAL APPLICATION NO.396 OF 2015 IN CRIMINAL APPLICATION NO.462 OF 2014 WITH CRIMINAL APPLICATION NO.397 OF 2015 IN CRIMINAL APPLICATION NO.463 OF 2014 ....

Ms. Deeplaxmi Matwankar, for the Applicants.

Mrs. Anamika Malhotra, APP, for the State.

....

CORAM : A. R. JOSHI, J.

DATE : 22nd JULY, 2015 1 / 2

27.APPA.394-15-GROUP.doc P.C.

1.

Heard learned Counsel for the applicants in all the five applications for restoration. Earlier, vide order dated 23.2.2015 the five applications for condonation of delay in preferring applications for leave to file appeals were dismissed for non­ appearance of the applicant. Learned Counsel for the applicant stated that on the relevant day the leave note was filed. However, inspite of that the matters were dismissed.

2.

For the reasons mentioned in the applications, all the five applications are allowed. Earlier five applications for condonation of delay in preferring applications for leave to file appeals and which were dismissed by the order dated 23.2.2015 are restored to the file. Applications are disposed of accordingly. 3.

In all the five applications for leave to file appeals, the respondent is the same who is acquitted accused in the matter of offence punishable under Section 138 of Negotiable Instruments Act. The applicant to serve the respondent No.1 by all possible modes and also by RPAD. Learned APP for respondent No.2 State waives service. All the five matters, stand over to 12th August, 2015. Leave to amend for giving correct address of respondent No.1 is granted. Notice be issued on said corrected address accordingly.

( A. R. JOSHI, J.) Deshmane (PS) 2 / 2