cra457.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.457 OF 2011 Samarth Charitable Trust, Ankushnagar, Tq-Ambad, Dist-Jalna, Through its Secretary, Ramesh Uttamrao Bhosale, R/o-Samarth Co-operative Sugar Factory Ltd. Ankushnagar, Tq-Ambad, Dist-Jalna. ...APPLICANT. VERSUS 1) The State of Maharashtra, 2) Shrihari s/o Tulsiram Lamb, R/o-Bankaranja, Post-Chandan Sawargaon, Tq-Kaij, Dist-Beed. ...RESPONDENTS. ... Shri.S.S. Tope Advocate for Applicant. Shri.D.V. Tele, A.P.P. for Respondent No.1. Shri.S.N. Rodge Advocate for Respondent No.2. ... cra457.11 2 WITH CRIMINAL APPLICATION NO.459 OF 2011 Samarth Charitable Trust, Ankushnagar, Tq-Ambad, Dist-Jalna, Through its Secretary, Ramesh Uttamrao Bhosale, R/o-Samarth Co-operative Sugar Factory Ltd. Ankushnagar, Tq-Ambad, Dist-Jalna. ...APPLICANT. VERSUS 1) The State of Maharashtra, 2) Pralhad s/o Khira Rathod, R/o-Kathwad Tanda, Post-Jategaon, Tq-Georai, Dist-Beed. ...RESPONDENTS. ... Shri.S.S. Tope Advocate for Applicant. Shri.D.V. Tele, A.P.P. for Respondent No.1. ... WITH CRIMINAL APPLICATION NO.512 OF 2011 Samarth Charitable Trust, Ankushnagar, Tq-Ambad, Dist-Jalna, Through its Secretary, Ramesh Uttamrao Bhosale, R/o-Samarth Co-operative Sugar Factory Ltd. Ankushnagar, Tq-Ambad, Dist-Jalna. ...APPLICANT. cra457.11 3 VERSUS 1) The State of Maharashtra, 2) Chandrakant s/o Tulsiram Lamb, R/o-Bankaranja, Post-Chandan Sawargaon, Tq-Kaij, Dist-Beed. ...RESPONDENTS. ... Shri.S.S. Tope Advocate for Applicant. Shri.D.V. Tele, A.P.P. for Respondent No.1. Shri.S.N. Rodge Advocate for Respondent No.2. ... WITH CRIMINAL APPLICATION NO.521 OF 2011 Samarth Charitable Trust, Ankushnagar, Tq-Ambad, Dist-Jalna, Through its Secretary, Ramesh Uttamrao Bhosale, R/o-Samarth Co-operative Sugar Factory Ltd. Ankushnagar, Tq-Ambad, Dist-Jalna. ...APPLICANT. VERSUS 1) The State of Maharashtra, 2) Jema s/o Deosing Rathod, R/o-Kathwada Tanda, Post-Banegaon, Tq-Georai, Dist-Beed. ...RESPONDENTS. ... Shri.S.S. Tope Advocate for Applicant. Shri.D.V. Tele, A.P.P. for Respondent No.1. ... cra457.11 4 CORAM: T.V. NALAWADE, J. DATE : 25TH APRIL, 2011. PER COURT : 1. All the four proceedings are filed for granting leave to file Appeal against the Respondents. Private complaints for offence punishable under Section 138 of Negotiable Instrument Act were filed by the present Applicant against the different Respondents of four proceedings. Process was issued but the process could not be served on the accused, the Respondents. Ultimately on 14th December, 2010 in the matter involved in Criminal Application No.457 of 2011, on 17th December, 2010 matter involved in Criminal Application No.459 of 2011, on 14th December, 2010 matter involved in Criminal Application No.512 of 2011 and on 9th December, 2010 matter involved in Criminal Application No. 521 of 2010 came to be dismissed for default and for want of prosecution. cra457.11 5 2. In view of the aforesaid circumstances, query was made to the Advocate for the Applicant and he was asked to satisfy as to how orders passed by the J.M.F.C. amount to acquittal of the accused from the four respective cases. Advocate pointed out provisions of Section 256 of the Code of Criminal Procedure. The other side is heard. Other side submitted that if only after the appearance of the accused and at the stage of hearing of the matter is dismissed, the accused are acquitted, then the provisions of Section 256 of the Code of Criminal Procedure would apply. This proposition needs to be accepted. If for default, for not taking proper steps the matter is dismissed, before appearance of accused in the case, that will not amount to acquittal in a summons case. The Applicant ought to have filed proper proceedings to challenge the aforesaid four orders of J.M.F.C. cra457.11 6 3. As the Appeal cannot be filed under Section 378 of the Code of Criminal Procedure in respect of the aforesaid four orders, there is no question of granting leave to file the Appeals. So all the four Applications stand rejected. The Applicant is at liberty to file appropriate proceedings. [T.V. NALAWADE,J.] asb/APR11/cra457.11