Mustak Vazir Sayyed v. Parshuram Krishna Pawar And ANR

17-ALP-531-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.531 OF 2015 MUSTAK VAZIR SAYYED )...APPLICANT V/s.

PARSHURAM KRISHNA PAWAR AND ANR.

)...RESPONDENTS Mr.C.G.Patil, Advocate for the Applicant.

Mr.Shashank Mangle, Advocate for the Respondent No.1. Mr.A.R.Kapadnis, APP for the Respondent ­ State.

CORAM

:

A. M. BADAR, J.

DATE :

20th JUNE 2018 P.C. :

Heard the learned advocate appearing for both the parties at sufficient length of time and perused the copies of deposition of witnesses as well as the impugned judgment and order of acquittal. Case for grant of leave is made out in the wake of presumption under Section 139 of the Negotiable Instruments Act. Therefore, the order :

avk 1/2

17-ALP-531-2015.doc

ORDER

Leave, as prayed, is granted.

The application for leave to appeal be treated as "Memo of Appeal" on effecting necessary amendment thereto, and for that purpose, leave to amend is also granted. Amendment be carried out within fourteen days from today. Admit.

Issue notice to respondents.

Mr. learned advocate waives notice for respondent no.1. Learned APP waives notice for respondent no.2/State. Call for Record and Proceedings.

In lieu of action under section 390 of the Code of Criminal Procedure, the respondent to execute P.R.Bond in the sum of Rs.15,000/­ before the learned trial court, within a period of four weeks from today.

(A. M. BADAR, J.) avk 2/2