Shri Gajanan Nagri Sahakari ... vs Suresh S/O Jagdish Pathak
2022 Latest Caselaw 7793 Bom

                                               1                          29 appa218.20.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

              CRIMINAL APPLICATION (APPA) NO.218 OF 2020
      Shri Gajanan Nagri Sahakari Patsanstha Ltd, Akola Vs. Suresh Jagdish Pathak
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions              Court's or Judge's orders.
and Registrar's Orders.
                           Shri S.A.Mohta, Advocate for applicant.
                           Shri U.J. Deshpande, Advocate for non-applicant.


                                 CORAM : G.A. SANAP J.
                                 DATE : AUGUST 10, 2022.

                                 This is an appeal against the order of acquittal
                  passed by the learned Judicial Magistrate First Class, (Court
                  No.6), Akola dated 10.01.2020 in private complaint filed by
                  the appellant under Section 138 of the Negotiable
                  Instruments Act, 1881.


                  2.             Learned Advocate for the appellant submits that
                  leave as prayed for to appeal against the judgment and order
                  of acquittal passed by learned Magistrate may be granted.


                  3.       Learned Advocate for the respondent/original accused

submits that there is no iota of evidence to accept the case of the appellant.

4. In order to satisfy myself about factual position I have carefully gone through the record and particularly the order passed by the learned Judicial Magistrate First Class. In my opinion considering the facts and circumstances and the

2 29 appa218.20.odt

application of the relevant provisions of law, it would be just and proper to grant leave to appeal against the impugned judgment and order. Accordingly, leave to appeal is granted.

         CRIMINAL APPEAL NO.              OF 2022


         5.       Heard.


         6.       ADMIT.

7. Call for record and proceedings.

8. Issue notice to the respondents.

9. Shri Deshpande, learned Advocate waives service of notice for respondent.

10. Learned Advocate for appellant shall file private paper book within three months.

11. In view of admission of appeal, respondent shall furnish P.R. bond in the sum of Rs.5,000/- with one surety in the like amount before the learned trial Court.

JUDGE

Wagh