Kimiya Engineers Pvt Ltd Through Mr Thomas Zachariah v. State Of Maharashtra Through The Public Prosecutor

23 Alp-170-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL NO. 170 OF 2025 Kimiya Engineers Pvt Ltd Through Mr Thomas Zachariah ...Applicant Vs.

The State of Maharashtra Through The Public Prosecutor and Anr.

...Respondents

***** Ms. Shilpa C. Kapil Advocate for the Applicant Ms. R. S. Tendulkar APP for the Respondent-State ***** CORAM :

S. M. MODAK, J.

DATE :

16th JUNE 2025 P. C. :- 1.

This is a leave Application against the judgment of acquittal. In their complaint filed for the commission of offence under Section 138 of the Negotiable Instruments Act, 1881, the Respondent No. 2 was acquitted. 2.

The arguing counsel is not available. Let him go through the judgment of the Hon'ble Supreme Court in case of M/s. Celestium Financial Vs. A. Gnanasekaran Etc.1 3.

Stand over to 21st July 2025.

Later on 4.

Heard learned Advocate for the Applicant-Complainant. Their Digitally signed by SEEMA KSHITIJ YELKAR Date:

2025.06.18 17:19:02 +0530 SEEMA KSHITIJ YELKAR 2025 SCC Online SC 1320 Seema 1/2

23 Alp-170-2025.doc complaint for offence punishable under Section 138 of the Negotiable Instruments Act was dismissed on 17.03.2025 for want of service. Leave is sought.

5.

Issue notice to the Respondent No. 2, returnable on 21 st July 2025.

6.

Additionally, private service is allowed, and service affidavit be filed before the next date.

7.

Stand over to 21st July 2025.

[S. M. MODAK, J.] Seema 2/2