1 Cri.A.255.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 255 OF 2011 [ M/s Dhanlaxmi Finance and Investment Corp. Vs. Akhil Trading Company and another ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.A.V.Patil,Advocate for Applicant. Shri.A.R.Kale,Advocate holding for Shri.R.B.Deshmukh,Advocate for Respondents .... CORAM: SHRIHARI P.DAVARE, J. DATE : 29TH APRIL, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant (Original Complainant) seeking leave to file an appeal, challenging the Judgment and order dated 29th November, 2010, rendered by Judicial Magistrate First Class, Udgir, in Summary Criminal Case No. 332 of 2006, thereby acquitting the respondents (Original Accused) for the offence punishable under 2 Cri.A.255.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders section 138 of the Negotiable Instruments Act. 3. It appears that the complainant had filed affidavit of evidence, in lieu of examination-in-chief, but thereafter, he did not make himself available for cross- examination which, consequently, resulted into dismissal of the complaint under section 255(1) of the Code of Criminal Procedure, and acquittal of the accused- respondent for the offence punishable under section 138 of the Negotiable Instruments Act. 4. Apparently, the matter requires consideration, and hence, leave is granted to the applicant, to file appeal. . Admit. 5. Mr. Kale, learned counsel, waives serves of notice for respondents, after admission. 6. Respondents to furnish bail, on the same terms on which they were enlarged on bail by the trial Court, during pendency 3 Cri.A.255.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders of the trial, within the period of four weeks from today before the trial Court. 7. Considering the facts and circumstances of the case, hearing of the appeal stands expedited. 8. Record and Proceedings be sent back to the concerned Court. Sd/- [SHRIHARI P.DAVARE, J.] MTK