FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3445 OF 2010 [Jyoti Sahkari Pat Sanstha Maryadit, Kopargaon vs Jaising Agasti Bansode and anr.] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri R.A.Tambe, advocate for the applicant Respondent no.1 absent, although served. Shri P.B.Shirsath, advocate for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19 th April, 2011. PER COURT :- 1 Heard learned counsel for the parties. 2 Shri Tambe, learned counsel for the applicant, on instructions, requested leave to delete respondent no.2 – Madhukar Reoba Rokde from the array of the present application. Leave granted. Amendment to be carried out forthwith. 3 As regards the present application in respect of respondent no.1 – Jaising Agasti Bansode, it appears from the impugned judgment that aspect of service of notice upon the respondent was not discussed and considered by the learned Trial Judge in the impugned judgment, as well as apparently, it does not appear that the said accused has probablised his defence on preponderance of probability. (2) 4 Hence, leave to file appeal against the said respondent no.1 granted and present application be treated as appeal. 5 Admit. 6 Action under Section 390 of the Code of Criminal Procedure be issued against respondent no.1. 7 R. and P. be sent back to the concerned court. (SHRIHARI P. DAVARE, J.) dbm/crap3445.10