cra4491.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4491 OF 2010 Deelip s/o Ramnarayan Totla, Age-42, Occu:Business, R/o-E-22/1, Gulmohar Colony, N-5, CIDCO, Aurangabad. ...APPLICANT. VERSUS Rahul s/o Hiralal Munot, Age-Major, Occu:Business, R/o-MIG Avishkar Colony, N-6, CIDCO, Aurangabad. ...RESPONDENT. ... Shri.S.S. Patil Advocate for Applicant. Shri.Sandeep S. Deshmukh Advocate for Respondent. ... CORAM: SHRIHARI P. DAVARE, J. DATE : 14TH JUNE, 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 Appeal, challenging the Judgment and Order of cra4491.10 2 acquittal dated 7th September, 2010 rendered by the Additional Sessions Judge-1, Aurangabad in Criminal Appeal No.43 of 2008, thereby allowing the said Appeal and quashing the Judgment and Order of conviction, and acquitted the accused. 3. Apparently, it appears that Applicant/ complainant filed Summary Criminal Case No.8116 of 2004 against the Respondent/ accused for the offence punishable under Section 138 of the Negotiable Instruments Act and the accused was convicted thereunder, by Judgment and Order dated 12th March, 2008, rendered by the Chief Judicial Magistrate, Aurangabad. Being aggrieved and dissatisfied by the order of conviction, the Respondent (original accused) preferred the Appeal being Criminal Appeal No.43 of 2008 before the Additional Sessions Judge, Aurangabad. The same was allowed by the learned Additional Sessions Judge, Aurangabad, by Judgment and Order dated 7th September 2010, and Judgment and Order of cra4491.10 3 conviction was quashed and set aside and the accused was acquitted. 4. In substance, there are two contrary findings i.e. finding of conviction by the trial Court and finding of acquittal by the first appellate Court and hence, the matter requires consideration. Therefore, present Application seeking leave to file Appeal, is allowed and leave is granted to the Applicant to file Appeal. Present Application be treated as Appeal and be registered accordingly. 5. Admit. Mr. Deshmukh, learned counsel for Respondent, waives service of notice after admission. 6. Hearing of the Appeal is expedited. 7. Record and proceedings be sent back to cra4491.10 4 the concerned Court. [SHRIHARI P. DAVARE, J.] asb/JUNE11/cra4491.10