M/S Laxmikant Trading Co. Pvt. ... vs State Of Mah. Thr. District ...
2021 Latest Caselaw 17462 Bom

                                              1                                  6 appa 728-2021

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR
                    CRIMINAL APPLICATION (APPA) NO.728 OF 2021

M.s Laxmikant Trading Company Pvt. Ltd., through its Director Deepak Shridhar Weginwar ..vs.. State
   of Maharashtra, thr. District Government Pleader, Chandrapur, Tahsil and District Chandrapur.
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Office Notes, Office Memoranda of Coram,                              Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                              Shri S. Bhutada, Advocate for applicant.
                              Shri I.J. Damle, A.P.P. for non-applicant/State.

                                            CORAM : VINAY JOSHI, J.

DATED : 15/12/2021

Heard.

2. The applicant is seeking leave to file appeal against the order of acquittal.

3. Initially the applicant(original complainant) has filed private complaint for the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Magistrate has convicted the respondent- accused. In appeal before the Sessions Court, the order of conviction was reversed and the respondent was came to be acquitted.

4. The learned Counsel appearing for applicant would submits that the Appellate Court has reversed the order of conviction only on the ground that the partnership firm was not arrayed as accused in the original complaint. Perusal of paragraph no.21 of the impugned judgment, reveals that the Appellate Court by relying on two decisions of this Court, concluded that partnership firm is a necessary party. In this regard, the applicant's learned Counsel has 2 6 appa 728-2021

produced a copy of order dated 04/07/2019 passed in Criminal Appeal No.964-967 of 2019 to contend that one of the judgment cited before the Trial Court has been reversed. In order to appreciate this submission, it is necessary to hear other side.

5. In view of that, issue notice to the respondents, returnable after four weeks on the point of grant of leave.

6. Learned Additional Public Prosecutor waives notice for respondent no.1.

JUDGE R.S. Sahare

Signed By:RANJANA SAMEER SAHARE

Signing Date:16.12.2021 17:23