Hema Bano Yahya Khan v. Bindeshwari Prasad Brijlal Dubey

32-8-2024-ALP=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.01.14 12:55:02 +0530 UDAY SHIVAJI JAGTAP Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 8 OF 2024 Hema Bano Yahya Khan .. Applicant Vs.

Bindeshwari Prasad Brijlal Dubey .. Respondent ....

Mr. Adwait Tamhankar a/w Mr. G.J. Jain for the applicant Mr. P.H. Gaikwad, APP for the respondent no.3 - State Mr. Satyaprakash Sharma i/b Global Juris for the respondent nos. 1 and 2 ....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 13th JANUARY, 2025.

P.C.

1.

Heard learned Counsel for the applicant, learned APP and learned Counsel for the respondent nos. 1 and 2. 2.

By this application preferred under Section 378(4) of the Cr.P.C., the original complainant has impugned an order of acquittal dated 26.06.2023 passed by the learned JMFC, Thane acquitting the accused for the offence punishable under Section 138 of the N.I. Act.

32-8-2024-ALP=.doc 3.

With the assistance of the learned Counsel for the applicant - complainant, I have perused the evidence of the complainant as well as the accused. I have also meticulously considered the findings returned by the learned Magistrate. 4.

Prima facie, the grounds of appeal need to be appreciated in light of the evidence of the complainant before the learned Magistrate and, therefore, special leave to appeal is granted. 5.

Registry to number the appeal.

6.

Call for Record and Proceeding in case SCC No. 7345 of 2019 on the file of JMFC, Thane.

7.

List the appeal on 3rd March, 2025 under the caption "For Final Hearing".

(PRITHVIRAJ K. CHAVAN, J.)