(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 465 of 2011 Maji Sainik Sahakari Pat Sanstha Ltd., .. Applicant/ Omerga, Dist. Osmanabad, Appellant Through its Secretary, (Original Shivaji s/o. Apparao Gaikwad. complainant) versus Nilawati Sesherao Surwase. .. Respondent (Original accused) ....................... Mr. Hiraji Gaikwad, Advocate, for the applicant. Mr. A.A. Mukhedkar, Advocate, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH JUNE 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. (2) 2. This is an application preferred by the applicant seeking leave to file appeal challenging the judgment and order dated 2nd December 2010, rendered by the learned Judicial Magistrate (First Class), Court No.1, Omerga, in Summary Criminal Case No. 585/2009, thereby acquitting respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. The controversy in the matter revolves around the issue that whether office copy of the notice was produced on record, since it is contention of the applicant that photo copy of the notice produced on record is office copy of the notice and hence, matter requires consideration and, therefore, present application is allowed and leave to file appeal is granted. 4. Present Criminal Application is, therefore, allowed in terms of prayer clause "A" thereof and the present Application be treated as appeal and it be registered as Criminal Appeal. 5. Admit. 6. Mr. A.A. Mukhedkar, learned Advocate, waives the service of notice after admission. (3) 7. At the request and by consent of learned Counsel for the parties, hearing of the appeal stands expedited. 8. The respondent (original accused) to furnish same bail, but execute fresh bonds before the trial court, within a period of six weeks from today. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka465