IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.231/2009 Shivshakti Cooperative Sugar Factory Ltd., Tandulwadi Tq. Washi, Dist. Osmanabad. Applicant. V E R S U S Ajamkhan Wahedkhan Pathan. Respondent Mr. S.B. Choudhary, advocate for appellant. Mr. Ganesh J. Kore,adv. for respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 22nd JUNE, 2010. PER COURT :- 1. Heard Mr. Choudhary, learned counsel for the applicant and Mr. G.J. Kore learned counsel for the respondent. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal against the judgment and order of acquittal dated 20.11.2008, rendered by learned Judicial Magistrate F.C., Washi District Osmanabad in SCC No.515/2008. 3. I have perused the impugned judgment and order of acquittal dated 20.11.2008, as well as record and proceeding with the assistance of learned counsel for the applicant as well as learned counsel for the respondent. 4. Considering the facts and circumstances and having taken comprehensive view of the matter, I am of the view that leave to file appeal needs to be granted to the applicant, against the judgment and order of acquittal dated 20.11.2008. 5. Hence, present application is allowed and leave to file appeal is granted as prayed for. Present application stands disposed of. Appeal under stamp number 46/2009 be registered and numbered accordingly. ( SHRIHARI P. DAVARE ) JUDGE *** aaa/231.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPEAL STAMP NO. 46/2009 Shivshakti Cooperative Sugar Factory Ltd., Tandulwadi Tq. Washi, Dist. Osmanabad. Applicant. V E R S U S Ajamkhan Wahedkhan Pathan. Respondent Mr. S.B. Choudhary, advocate for appellant. Mr. Ganesh J. Kore,adv. for respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 22nd JUNE, 2010. PER COURT :- 1. Heard Mr. S.B.Choudhary learned counsel for the appellant and Mr. G.J. Kore, learned counsel for the respondent. 2. Issue notice to the respondent. 3- Mr. G.J. Kore, learned counsel accepts notice for the respondent. I have passed an order on criminal application on 231/2009 today separately and granted leave to the applicant (original complainant) to file appeal against the judgment and order of acquittal dated 20.11.2008. 4- Hence Admit the appeal 5- Mr. G.J. Kore accepts notice after admission of appeal. 6- Record and Proceedings be sent back to the concerned court. 7- Respondent/accused to furnish PR bond in the sum of Rs.10,000/- with one surety in the like amount, within a period of four weeks before the trial court. ( SHRIHARI P. DAVARE ) JUDGE *** aaa/231.09