1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3689/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : SHRIHARI P.DAVARE, J. DATE : 18 th June, 2010. ... 1) Heard Mr.Swapnil Patil, learned Counsel for the applicant. Respondent absent in spite of service of notice. 2) This is an application preferred by the applicant (original complainant) seeking leave to file an appeal against the judgment and order of acquittal dated 10.8.2009 rendered by learned Judicial Magistrate First Class, Court No.2, Aurangabad in S.C.C.No.5274/2003, for the offence punishable under Section 138 of Negotiable Instruments Act, acquitting the respondent (original accused. 3) I have gone through the judgment dated 10.8.2009 under challenge with the assistance of learned Counsel for the applicant and on perusal of the said Judgment, I am of the view that leave to file appeal against the said judgment and order of acquittal needs to be 2 granted. Hence, leave to file appeal, granted, as prayed for. 4) The application be treated as an appeal as per the usual procedure. 5) R. and P. be sent back to the concerned trial Court. 6) Since nobody appears for the respondent in spite of service of notice, on oral application of learned counsel for the applicant, action under section 390 of Criminal Procedure Code be initiated against the respondent and issue bailable warrant against the respondent in the sum of Rs.15,000/- to be executed through Trial Court. (SHRIHARI P.DAVARE) JUDGE bdv/p/cran3689.09