1 crap3104.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3104 OF 2010 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri G.R.Syed, advocate for the applicant Shri Vijay Sharma, advocate for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 30 th June, 2011. PER COURT :- 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant seeking leave to file appeal, challenging the judgment and order of acquittal, dated 29.4.2010, rendered by 8th Judicial Magistrate, First Class, Nanded , in S.C.C. No. 2072 of 2007, thereby acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. 2 crap3104.10 3 Admittedly, although the resolution was passed on 12.1.1999 by M/s Computrix Systeme and Services (I) Pvt. Ltd. that “Syed Mohajam Ali Hashami and his cheques of A/c, 42154 BMC, Aurangabad kept with Habib now missing will not be misused whenever found”, but pertinently the accused informed to the Bank about missing of the cheque by letter Exh. 51 on 7.2.2003 i.e. almost after four years. Hence, matter requires consideration, and therefore, present application is allowed. Present application be treated as appeal. 4 Admit. Shri Vijay Sharma, learned counsel waives service of notice for the respondent after admission. 5 At the request of learned counsel for the parties, hearing of the appeal be expedited. (SHRIHARI P. DAVARE, J.) dbm/crap3104.10